AN Buildwell — the indian real estate crisis? when will we get our homes?

Address:Gurgaon, Haryana
Website:www.youthkiawaaz.com/2018/02/the-indian-real-estate-crisis-when-will-we-get-our-homes

The reserve bank of india’s decision to push banks to clean their balance sheets by recognising non-performing assets, resolving bad debts of large defaulters and, failing that, taking them to bankruptcy court for liquidation, has focused attention on the crisis in a few sectors. Among those, besides power, steel and textiles, is real estate, consisting of housing, commercial real estate and hospitality assets.


Firms such as unitech, an buildwell, jaypee infratech and amrapalli are being pursued by banks and home buyers who had paid them advances but not received their houses have turned to the courts. They fear they would lose out in case of liquidation because home buyers’ claims will be considered only after those of secured creditors like the banks have been settled.


The real estate story is of special interest because the post-liberalisation evolution of this sector reveals quite starkly the characteristics and contradictions of post-reform growth. An overriding objective of neoliberal reform is to get (Domestic and foreign) private investment to drive economic growth by providing it the right environment and offering it the appropriate incentives. But in a market economy, while supply side initiatives may help nudge into activity a private sector afflicted with inertia, those initiatives would work only if the fruits of such activity find a market. So even if it is not among the stated objectives of reform, a parallel thrust of policy must be that of stimulating demand.


The rise of housing loans that benefited from this credit splurge was real estate. The growth of housing loans gathered momentum at the end of 1990s and remained at extremely high levels right up to 2006-07, before the global crisis. As a result, the share of housing finance in total credit rose from 5 per cent in 2001-02 to 12 per cent in 2006-07.


What is interesting is that despite the effects of the global financial crisis in 2007-08, the expansion of credit to both housing and the overall construction sector remained high till very recently. The increase in housing investments is often attributed to the low level of penetration of the mortgage market in india, standing at 7 per cent in 2006, as compared to 12 per cent in china, 17 per cent in thailand, 26 per cent in korea, 29 per cent in malaysia and as much as 80 and 86 per cent respectively in the us and uk respectively. But these differential penetration rates have to be seen in the light of differentials in per capita income and the degree of income inequality, both of which do not favour a significantly large mortgage market in india. So it was the willingness of the banks to lend without collateral to a larger universe of borrowers that generated the boom. As a result of the increased exposure to debt, a number of realty firms like unitech, an buildwell, jaypee infratech and amrapalli are in default state and some are facing bankruptcy.


A similar boom was seen in the infrastructural area, which also received large loans from the banking system. Before the 2000s, banks were wary of lending to this area because of the long maturity, low liquidity and higher risk involved in loans to this sector. Partly because banks dropped that reticence and hugely increased lending to a few large borrowers in this sector, they are now finding themselves burdened with large npas. This is what has set off the bad debt resolution process based on the recently announced insolvency and bankruptcy code.


Within the real estate sector, it is developers rather than home buyers who seem to be defaulting on payments. Competition between developers led to massive accumulation of land, as they built up land banks as a strategic weapon against one another. Borrowing for this purpose and land development meant that the interest burden accumulated by developers was huge, and in excess of what could be met by the development and marketing of house properties and commercial floor space. So leading developers have also stopped servicing debt and have become part of the npa problem. The impact on construction is reflected in the deceleration and recent decline in cement production which is a commonly used proxy for real estate growth.


A fallout of the npa problem is, banks are less willing to lend as they work on cleaning up balance sheets and finding funds to recapitalise themselves. This has hit even the housing sector, where defaults have been far less than in areas like construction. Here too, while credit and demand for housing are still growing, they are fast losing momentum.


Thus, trapped between rising interest and other costs and faltering demand that affects prices, the real estate sector is experiencing a severe version of the crisis stemming from the inability of the system to sustain growth-driven by private debt-financed spending.

The slowdown in india’s real estate sector reflects the challenges facing post-reform growth, and fixing them is going to be a challenge.

In a recent incident surendra kumar hooda & sunil gandhi, promoter and director of an buildwell, were arrested by the economic offence wing (Eow) of delhi police after the home buyers filed a complaint against him. These complainants had booked flats in the realtor’s spire woods project in gurgaon. Reportedly, spirewoods project was stalled after the builder abandoned it four years ago. Also, the real estate firm is under a purposeful liquidation. There are 1, 700 buyers who have invested in two projects of an buildwell – spire edge and spire woods. Spire edge in manesar is a commercial project, while spire woods in sector 103 is a housing project. The big action was taken by delhi police after eow officials acted on homebuyers complaint. These homebuyers had filed a police complaint at sarita vihar police station in delhi in march 2016. The company’s registered office is in delhi. Homebuyers had alleged that the builder was not arrested because of his political connections and that’s the similar case for other builders who have shed away their responsibilities and filed for liquidation.

However, the home buyers are united to get these projects revived. No matter what tricks the promoters o[censored]nitech, an buildwell, jaypee infratech, amrapalli or others might try it is going to be a hard deal for them to run away from their responsibilities. It would in fact be in their favour if they cooperated with their customers and work towards the revival scheme together. Thus, not only renewing the trust but also could gain back their lost image in the market.
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Feb 09, 2018
Updated by MeraGharMeraHuq
It seems there is no respite for homebuyers despite assurances from the government that their money will not go down the drain even if the builders are declared bankrupt. There is speculation among homebuyers that several builders are looking for ways such as insolvency to escape the ambit of the real estate (Regulation and development) act 2016 (Rera), which will tighten the noose around the developer community for non-delivery or delay in projects. Over 1700 homebuyers, who invested in an buildwell, are left in the lurch as neither have they got their dream home / commercial property nor the money back.

Insolvency cases are likely to go up, as though this method, builders will be able to transfer the losses to property owners. There are reports that more developers may be declared insolvent. Other top developers in gurgaon, noida and greater noida have also expressed their inability to pay up their debts.

Under the insolvency and bankruptcy code, once a case is referred to the national company law tribunal (Nclt), the tribunal gets 14 days for accepting or rejecting the case. Once the case is accepted, a resolution plan has to be implemented within 6 months, extendable by 3 months.in the absence of any resolution plan, the company goes into liquidation. It is banks (Lenders) who approach the nclt against the company for default on loan repayment.

The rights of homebuyers under rera are secure and if the developer, who is registered under state rera, is found to be violating its norms, it can be taken to task. If a homebuyer complains against the developer for violating rera provisions, there will be an inquiry and action will be taken. While insolvency code is for lenders.

Experts say even if builders opt for bankruptcy, state authorities will intervene and builders won’t be able to loot the hard-earned money of homebuyers. The government will not only monitor the cash flow of the real estate firm but also ensure that the project is completed either by the developer himself or a third party is brought in to complete it.

The spirewood scandal goes back to 2014 when the construction of this project along with that of spire edge halted and investors stopped getting their returns. There have been a total of approximately 1800 customers across both the projects, whose interests and investments have been at stake since then. While the information is available to public that the promoters and shareholders have been responsible for siphoning off funds from an buildwell, the developer to other companies in gurgaon, the question that comes to mind as an investor and an owner of such properties that can our legal system handle such scams efficiently?
Feb 09, 2018
Updated by MeraGharMeraHuq
For those who followed the cabinet 2018 budget this is one thing that would have caught their eye for sure. The government has set aside rs 21, 000 crore for building 5.1 million rural houses in fy19, apart from the 5.1 million being constructed this year under the prime minister awas yojana. The government will create a dedicated affordable housing fund in national housing bank. An interest subsidy will be provided to rural households that are not covered under pmay. The government will also give an interest subsidy of 3% for a 20-year loan component o[censored]p to rs 2 lakh. The government will provide rs 1.20 lakh as assistance to every unit in the plains and rs 75, 000-1.30 lakh to those in hilly and difficult terrains.

All this is definitely great. There is no question that these schemes will definitely help many to get their own homes. But are we missing something here?

One would agree that buying a home has never been easy in our country, yet we all dream to own a home one day. We push ourselves hard, to earn more money so that one day we can invest our savings in making the dream of owning a home come true. This was my dream and of many others who invested their life savings in the housing project of spirewoods. Although the project took off well, it came to a halt a few years back due to the mismanagement of funds by the promoters of an buildwell, the developer of the property. This led the promoters to seek liquidation of the company so that they could get away from their liabilities towards the customers. Same was the case with spire edge, where the customers had invested in buying units in the it/technology park project, but the construction was never completed. Both promoters surendra kumar hooda and sunil gandhi have cheated 1800 plus buyers. Both the promoters were able to find favourable officials at eow. A sections in the eow are continuously protecting the promoters and chairman sunil gandhi owing to their financial and political clout.

Eow allowed chairman/promoter and key mastermind sunil gandhi to escape (There was a gap of 3 days between sanction of arrest and opening of loc)
It ignored events in[protected] and helped deliberate liquidation on march 8, 2016.
It also ignored banking fraud in[protected], where the was money diverted to build benami assets for both promoters.
Why is eow protecting surendra kumar hooda and sunil gandhi? What is government of india doing to intervene and sort the issues of 1800 plus families?


At this time, there are several delayed construction projects in our country where some of them are proceeding slowly, while others have come to a complete stop due to several reasons. The question of the hour is, what is our government doing about this?

India is one the developing countries and there are several opportunities for investments, real estate being one of them. Modi ji has been asking nris to invest in india, however, when nris have invested in some of the real estate projects, they have had to face some of the worst problems. Consider the ongoing issue of spire woods and spire edge projects where the construction has halted since last so many years. The spireedge project, which is an it park commercial project, has over 1200 investors and about half of them are nris. While the project started on time and about 60–65% of construction is completed, the investors stopped getting their returns from past two years as the developer had filed for liquidation.in such cases, where the nris are investing their hard earned money but are not getting the worth for their money and are getting duped, it becomes difficult for them to reconsider investing in india. Many of these nris have had to make several unwanted trips to delhi to get the matter sorted. It is only now that the matter is being heard in the high court and the revival scheme will soon be implemented to the satisfaction of all the investors and home buyers. But the issue still remains the same, while we all trust our beloved prime minister and his provisions for the citizens, is he listening to our problems?

Would it not be better, if there were systems and processes in place which would just forbid developers and builders from committing any sorts of frauds and ensuring all projects get completed on time? And it is not just about the builders, there is so much of bureaucracy and there are so many steps involved till the ownership of the property gets transferred to the buyer that one ends up spending more money and time. If all these problems get addressed, then india would definitely be one of the developed countries in the world. Once again rs 21, 000 crore for affordable housing is a great idea. Helping current customers get their homes is a brilliant one.
Complaint comments 

Comments

Buying a home is one of the most stressful experiences in our country. It's because this is the largest purchase that most o[censored]s make, and a huge chunk of your life savings are on the line. And then cheaters like Sunil Gandhi and SK Hooda eat away our hard-earned money. This is really disappointing and scams like these only create negative sentiments about the real-estate industry in India.
I agree to what Mr. Pranav is saying. For some it's their dream to own a house and builders like Sunil Gandhi and SK Hooda ruin that dream.
Some builders are heartless and money is what all they care for. Builders like Sunil Gandhi and SK Hooda have played with buyers dream to have their own house. This has killed buyers sentiments and they are crying blood tears.
You are Mr. Iltezaa these builders like Sunil Gandhi and SK Hooda are really heartless and definitely don't have any self esteem. Punish these looters.
This is a huge scam and we as a investor seek strict action against Sunil Gandhi and SK Hooda. Hope to see both promoters behind the bars.
This is indeed a big one. SK Hooda was arrested just after the warrants issued but Sunil Gandhi managed to escape and has been absconding since then.
The Indian real estate sector is growing, and so are the scams and frauds associated with it. ANB builders SK Hooda and Sunil Gandhi have literally killed buyers' motivation and now comfortably roaming without any fear.
Owning a house at present Indian valuations is likely to make you nervous not confident. And scams like ANB ones make you cry for your money. Legal action against SK Hooda and Sunil Gandhi is required.
I agree with Mr. Jain. In recent time owning a house is a big task and it involves a huge sum of money. And here in ANB case SK Hooda and Sunil Gandhi have fooled innocent buyers and ran with their money.
Today, this owning a dream house is a burning issue between the real estate developer and the consumer. And in ANB's case where buyers have invested their hard earned money are now crying blood tears. SK Hooda and Sunil Gandhi are the ones who have brutally played with buyers' dream of owning their dream home.
The pride of home ownership after years of living in rental homes is undeniable. And SK Hooda and Sunil Gandhi have ruined that dream of innocent buyers. I urge authorities to take legal action against them.
Owing to the opacity in the Indian real estate market, many a time gullible buyers are taken for a ride by scamsters. And this has exactly happened in the case of ANB. SK Hooda and Sunil Gandhi
I agree with Mr. Vishal. Considering market reports, this is one of the major reasons, apart from the economic slowdown, that has stolen the sheen from India's real estate sector. Ban these builders from doing any task and cease their properties SK Hooda and Sunil Gandhi
Scammers are everywhere, and they typically present themselves as legitimate professionals who know how to put on a good act. But buyers beware of them, do your research and then plan accordingly. SK Hooda and Sunil Gandhi have fooled customers and they should be punished.
I agree with Mr. Mishra. Carefulness is the keyword here. Just take care before casting a deal with fraud builders like SK Hooda and Sunil Gandhi.
Protecting yourself from fraud builders like SK Hooda and Sunil Gandhi can require a measure of vigilance and legwork, but it can also come down to exercising skepticism and common sense.
It is no secret that the real estate industry, by being under-regulated for decades but now things have changed and with current government guidelines (RERA) we can hope for the situation to get better. Also, the government has issued notice against SK Hooda and Sunil Gandhi.
There are millions of people who will never be able to achieve the dream that they have seen, and realized. Buying a property involves large financial commitment over a long tenure and builders like SK Hooda and Sunil Gandhi are killing buyers' dream.
Real Estate scams range from legal frauds to fake promises. Beware of fraud builders like SK Hooda and Sunil Gandhi
This ANB case has been going for quite long time and authorities have not taken any stringent action against SK Hooda and Sunil Gandhi.

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    Haryana
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