NCLAT offers much-needed relief for homebuyers over management of common facilities/areas
By Pradeep Damodaran, Pragadish Kirubakaran and Neeraja Gopalakrishnan in Media News on Thursday, 20th March 2025 at 4:13pm
In a significant decision which will allow homebuyers to take charge of their societies even if the project has not been completed, the National Company Law Appellate Tribunal (NCLAT) has held that once the Apartment Owners Association gets registered, management of the complex’s common areas and facilities has to be transferred from the promoter to the association.
A bench headed by the chairperson of NCLAT Justice Ashok Bhushan said a real estate company has no right to resist handing over maintenance to the association.
The tribunal passed the order on a plea by the homebuyers’ association of the Supernova housing project in Noida, being developed by Supertech Ltd, that management of the complex be handed over to it. The bench directed the company to hand over the charge with...
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