RELIEF FOR HOMEBUYERS UNDER IBC
- Homebuyers battling the fight with the debt-laden builders are expected to be provided with certain relief as the government has tweaked provisions of IBC, thereby easing their pain.
- As reported earlier, during a recent tweaking of rules under the IBC, the Insolvency & Bankruptcy Board of India asked resolution professionals to state within the resolution plan how different stakeholders are treated. Such a step was so expected to offer certain comfort to stakeholders like flat owners.
- Furthermore, the Ministry of Corporate Affairs geared up for certain crucial amendments to IBC, and the same is expected to produce more rights to individual consumers, consisting of worried homebuyers. Other consumers who may also benefit are telecom subscribers, said sources.
- The developments come as home buyers are attempting to search out their feet amid proceedings against Jaypee Infratech and a few of the entities of Amrapali Group.
- A senior official from the MCA said there was a touch of problem in ensuring that homebuyers receive a status up to banks, as lenders will then become reluctant to lend to builders.
- Earlier, the IBBI had introduced Form F, which the house owners can use to file for raising their claims. At present, whether or not homeowners fill Form F, their claim would be looked into after dues of monetary institutions are settled. Also, there’s no regulation that talks about creditors aside from financial and operational ones.
- According to the days of India, the IBBI’s revised rules, which were notified last week, would make sure that financial creditors (banks) and other creditors (operational ones like workmen and service providers) don’t move to secure their own interests while ignoring those of others.
- On September 20 more than 100 hassled home buyers, booking their dream homes with Amrapali Group, moved to Supreme Court, for seeking that relief or safeguarded and requesting treating as secured creditors. These were the house buyers, who neither got possession nor was refunded their hard-earned money, being paid at the time of booking homes.
- As reported in the month of September, the legal teams representing Jaypee Infratech were expected to possess their hands full. Distraught buyers of their yet-to-come-homes arrange to bombard the developer with up to 4,000 individual civil and criminal cases. After the Supreme Court stay the NCLT order regarding insolvency proceeding against Jaypee,
- the buyers have developed a method that has bigger and more vocal protests, meeting various ministers, serving request letters to the prime minister’s office and even filing police complaints.
- Under all these actions, the main plan was to bombard them with multiple lawsuits, so that the developers are engaged and tangled in legal hassles from all around. They’re an enormous company but even for them to handle 4,000 individual cases would be plenty. Also, there are certain home buyers, having already filed proceedings over non-possession of promised property and also the charges involving cheating.
- As reported earlier, in an exceedingly recent tweaking of rules under the IBC, the Insolvency & Bankruptcy Board of India asked resolution professionals to state within the resolution plan how different stakeholders are treated. this can also offer some comfort to stakeholders like flat owners.
- Referring to the tweak, a lawyer specialising in bankruptcy cases told the national daily: “The change within the rules has plugged a niche as flat buyers are of the view that there’s nothing to shield their interests.” On September 20, over 100 hassled home buyers, who had booked dream homes with Amrapali Group firms, moved the Supreme Court seeking that their interests be safeguarded by treating them as secured creditors like banks and financial institutions.
- The house buyers, who have neither got possession of flats, nor a refund of their hard-earned invested money had booked homes within the Amrapali Centurion Park-Low Rise project, Amrapali Centurion Park-Terrace Homes, and Amrapali Centurion Park-Tropical Garden at Greater Noida in Uttar Pradesh.
- Recently, certain legal experts argued that certain relevant laws are required to be amended in order to recognize buyers’ lien. Such an opinion was urged mainly due to the insolvency proceedings initiated against Jaypee Infratech and Amrapali Group companies.
- An estimated 1 million homebuyers could also be curst ongoing housing projects, where either construction is stalled or moving at a snail’s pace. In some cases, the company entity undertaking the project is on the brink of facing insolvency proceedings.
BANKRUPTCY LAW EFFICACY FOR HOMEBUYERS
- NEW DELHI: Four years ago, Kanupriya was among the 20,000 homebuyers in Jaypee Infratech’s project in Noida who hoped that an early resolution will help her take possession of the apartment she had booked in 2012.
- She continues to be waiting because the resolution process – monitored directly by the Supreme Court – seems to own entered the ultimate leg.
- Jaypee is also the foremost high-profile case where the search for a resolution applicant continues but there are several other assets projects across the country where homebuyers still face uncertainty.
- After a period of 5 years, wince the Insolvency & Bankruptcy Code was notified, it has been observed that only 8 resolution plans have been so far approved in the assets sector, though around 205 cases had been admitted until March 2021.
- Thus, we can conclude that IBC cases have a success rate of less than 4%, and hence making it the worst-performing sector, after computer and related activity.
- Unlike other sectors, where the banks or the operational creditors drag the corporate debtor to the National Company Law Tribunal, in realty sector, there is an extra challenge since it involves the protection of interests of homebuyers, who invest their hard-earned money in this sector.
- Thus, it is the sole area where even the govt has to take up certain action and make an exception thereby recognizing the homebuyers as financial creditors, instead of operational creditors.
- A change in recognition was required since they were not giving an equal say to decide on the new resolution applicant under the earlier case. RERA, which implies protecting buyers who may have a loan, is another case in point. Moreover, the foundations keep evolving, which makes it difficult to befits newer guidelines when a developer looks to require over a project.
- Basically, these regulations and guidelines are still added progress and wish to evolve further. It is still believed that there are still certain major upgrades required in respect of previous lack of regulation and redressal mechanisms.
- For banks, the first focus of the resolution exercise is to minimize the hit that they need to require on their loans and maximise the gains. In contrast, homebuyers need a more stable company to require over the corporate whether or not it means that lenders would have to take a haircut.
- Projects normally aren’t commercially viable, where the price of construction is quite receivables and financial creditors comprises financial institutions and homebuyers. Also, in many of the cases funds are expected to be diverted and as a result, the corporate entity falls short of funds to construct the units. Apart from this, even the market doesn’t have adequate liquidity to support assets quality and value.
- There are other complications when land is owned by quite one entity and it has to be combined. In case of such combinations, the project insolvency applies to the specific entity since in IBC we don’t have any scope for project or group insolvency.
- Such a problem with the resolution provides for the necessity of suggestions and review of provisions.
IBBI released data of CIRPs resulted into liquidation as on 30.09.2021 (Since IBC came in force), Total admitted claims of INR 7414 Billions in 1423 Corporate Debtors. Resolution plans received only in 296 cases.
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