23/04/2025
Larica cannot ask residents to decide on their own to form a society and take over maintenance of a Township that is not compete.
All facilities promised in the brochure and publicity materials made available by the LEL at the point of luring people to by some 15 years back must be provided and only then the project can be called completed.
When a construction company hands over a house in a complex, they should provide the following.
1. A Possession Certificate: It confirms ownership and legal possession of the property.
2. An Occupancy certificate: It can be issued only after the construction is completed, ensuring that the property is fit for occupancy and complies with safety and building codes.
LEL has not provided the above
There is hardly any maintenance. Residents have to run from pillar to post to get the garbage disposed.
I have seen a letter written by Angad Lakhotia. indirectly threatening Residents. He has no business using threatening language. It is Larica's duty to give all of us occupancy certificates.
Before they do that the electrical infrastructure promised and for which LEL collected money will have to be put in place. Sources in APDCL claim that the LEL has not bought the power required by this township.
We live in a dangerous situation. Boundary walls of many bungalows are broken. Electrical wires in many boundary walls of bungalows are hanging.
Larica tried to make the townships internal road into a thorough fare and in the process destroyed it. However, some residents fought and prevented the attempt. But the road is still broken.
Larica Green Hamlet II is not part of this project. I assure the residents that we are not tired of using legal procedures. A few of us got together and successfully appealed in the highest Court against an NCDRC order favoring the company. We will continue to fight till we get facilities promised. No threats will deter us.
If Maintenace is to be discussed, Larica must call a meeting of all house owners to form an Association or a resident welfare society after they complete the township and hand it over to the registered society which can then maintain the township.
But any attempt to register a society without completing the project will be continuously challenged in court and worst comes to the worst some Larica functionaries might face the wrath of the justice system. No one must accept deception by any construction company.
We do not know where the maintenance money collected so far had gone. Initially Chakravorty, apparently the site manager, of Larica Green Hamlet Bongara, Guwahati, had promised to call a meeting after first three months and place the records of the services offered. That never happened. We did not even receive any proper bill with records of services. Now, in 2025 bills with a bank account is being issued but without records of services. There is no information about the Maintenance charges collected so far. has Larica estates, paid the GST charged so far actually to govt?
GST is applicable on monthly maintenance charges if the total turnover of the housing society exceeds the GST registration threshold of Rs. 20 lakhs. Does Larica green hamlet Bongara turnover is shown as crossing Rs. 20 Lakhs by LEL? We can easily find out. Before paying maintenance, we must ask. No number of empty threats by LEL can help the company escape its responsibility.
Larica has not completed the township. There is no proper maintenance office with phone number to contact and there is no announced procedure to file complaints in the office. In the name of security there are four persons in the gate who sometimes leave the gate open, and one gate is closed even now. All this needs to be discussed.
For information of those who are fighting Larica estates ltd for not fulfilling the promises made in advertisements and brochure.
Larica estates lost in Supreme Court.
Please circulate to all litigants who wishes to fight construction companies who publishes dream townships but never [provide the facilities they promise in publicity materials. We have won in supreme Court.
APPELLANTS WERE Apurba k Baruah and other 6 house owners of Larica Green Hamlet Bongara, Guwahati. respondents were Larica estates etc.
Relevant portion of the Supreme Court order upholding our appeal against the NCDRC order dismissing our complaint against larica estates.
16TH APRIL, 2025.ITEM NO.29 COURT NO.13 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
Civil Appeal No.1550/2023 APURBA K BARUAH & ORS. Appellant(s)
VERSUS LARICA ESTATES LIMITED & ANR. Respondent(s)
Date : 16-04-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE R. MAHADEVAN
For Appellant(s) :
Mr. Dr. S. Muralidhar, Sr. Adv.
Mr. Santosh Krishnan, AOR , Mr. M. A. Karthik, Adv Ms. Ninni Susan Thomas, Adv. Ms. Megha Khanna, Adv. Ms. Sonam Anand, Adv. Mr. Ashwin Joseph, Adv.
For Respondent(s) :
Mr. Joydeep Mazumdar, Adv. , Mr. Manish Paul, Adv., Mr. Nishchaiy Sharma, Adv.
Ms. Shalini Kaul, AOR
UPON hearing the counsel the Court made the following
O R D E R
4. Unfortunately, the NCDRC dealt with the complaint in a very callous manner and this is evident from the two paragraphs of the impugned order, i.e., paragraphs 8 and 9 respectively.
6. The plain reading of Para 9 of the impugned order, referred to above, would indicate that all that the NCDRC did was to record what the developer said in his reply and treated as a gospel truth.
8. In such circumstances, referred to above, we set aside the impugned order passed by the NCDRC and remit the matter to it with a direction that the consumer complaint No.834/2017 shall be re-heard on its own merits in accordance with law.
9. Let the fresh hearing of the consumer complaint No.834/2017 be undertaken expeditiously and as far as possible, the same shall be disposed of within three months from today.
J (J.B. PARDIWALA) J (R. MAHADEVAN) NEW DELHI
