NBCC India Ltd, tasked with constructing the distressed Amrapali housing projects, has sold 1,953 flats of homebuyers who defaulted on payments and received another 1,490 units from the court-appointed receiver for sale as buyers failed to register on the designated portal.
This was conveyed to the Supreme Court in a note by attorney general R Venkataramani, the court-appointed receiver, who raised concerns over thousands of homebuyers who either did not claim possession or failed to make pending deposits.
Taking serious exception, a bench headed by justice Bela M Trivedi sought a response from the association of homebuyers represented before the court before the next date of hearing on March 7.
The bench, also comprising Satish Chandra Sharma said, “We are indicating that notice must go to all homebuyers who are not turning up. What we have in mind is that a public notice may be issued and a last opportunity be given to defaulting homebuyers.” Although no formal order was passed in this regard, the court agreed to take up the issue on the next hearing date.
The note by the receiver was filed following a Supreme Court order seeking a status report on homebuyers who had taken possession of their flats.
According to Venkataramani, NBCC has completed around 25,000 flats, with 15,000 homebuyers submitting verification documents. Among them, 12,550 existing buyers and 1,000 fresh buyers have received no-objection certificates (NOC) and possession letters after clearing dues. In the note, he attributed the delay in handing over possession to factors such as pending water and electricity connections from Noida and Greater Noida authorities.
Additionally, some homebuyers submitting fabricated documents have slowed the verification process, the note said.
“It has become very important for the office of court receiver to properly examine the documents before issuing NOC and possession letter to the home buyers… It has also come to the notice of the office of court receiver that several fake and forged claims are being submitted for clearance. It takes considerable time to weed out these cases,” it said. To get over this problem, the verification process has been digitised, Venkataramani told the top court.
The defaulting homebuyers fall into two categories: those who failed to register on the Customer Data portal and make payments, and those who registered but defaulted on payments. In July 2019, 9,538 homebuyers were in the first category and 6,210 in the second.
Following two advertisements, over 6,000 buyers registered, reducing the first group to 3,000. As many still remain unresponsive, 1,490 allotments were cancelled on March 3, 2023, and released to NBCC for sale in phases. However, 400 homebuyers have since sought from the receiver to revive their allotments, and their cases are under review.
Similarly, in the second category, Venkataramani said constant reminders via WhatsApp, SMS, and email have reduced defaulters to 3,274, who have paid only 30% to 50% of the flat’s total cost. Under this category, the receiver said, “Further, 1,953 units of defaulter and registered but not making payment category has been released to NBCC for sale. These units have been sold for a total sale value of ₹1,244 crores against which around ₹1,012 crores has been realised till January 15, 2025.”
Homebuyers of some of the cancelled units have since approached the receiver for reviving their allotments which is being considered on a case-to-case basis subject to verification and payment being made.
These are not the only Amrapali flats released for sale. Of 4,959 unsold flats across Noida and Greater Noida, 4,733 have been sold, fetching ₹2,617 crore, with ₹2,165 crore realised till January 15, the note said.
The Supreme Court was also informed about homebuyers seeking refunds. Around 1,000 have consented to refunds, and their flats will be released to NBCC for sale once claims are settled. Refunds for 420 homebuyers are already in process.
The court-appointed receiver clarified that NBCC will not be responsible for maintenance once construction is completed. The note proposed interim Apartment Owners Associations (AOAs) or maintenance agencies for one year, with maintenance costs borne by homeowners.
This move has drawn opposition from homebuyers, with their counsel, advocate ML Lahoty, arguing in court that NBCC must first secure fire clearance, electrical and water connections, and lift NOCs before handing over possession.
The resistance by homebuyers is revealed by the figures presented by the receiver.
Among the 11 Greater Noida projects, NBCC has completed construction of 20,815 units out of which all approvals are ready only for 13,776 units. Of them, NOC and possession letters have been taken only by 11,827 homebuyers. Similarly for 10 Noida projects, out of 4,301 completed flats, all approvals have been obtained only for 2,450 units and possession letters issued to 2,178 homebuyers so far.
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