Gamuda Land hands over the house when the conditions are not met
Accordingly, many customers who bought apartments at A5 Apartment Complex, invested by Gamuda Land Joint Stock Company (Gamuda Land), said that they have been handed over apartments by Gamuda Land for many months now. However, this investor has not provided sufficient documents to prove that the apartments are eligible for handover, making some people feel insecure because they have to receive houses when it is not clear that the project has been approved for handover. in use or not.
In a number of recent working sessions with the people, the investor issued Document 516/GD-ATXD/GT dated May 10, 5 by the State Department of Construction Quality Assessment - Ministry of Construction. (Department of Inspection) to answer customer inquiries.
This document clearly states, Apartment A5 includes: 4 blocks A1 to A4, 15 floors high with 688 apartments; 3 blocks from B1 to B3 with 15 floors high with 547 apartments; 9 blocks from V1 to V9 with 5 floors high, including 5-storey apartments, total number of apartments is 98 units; 1 mini clubhouse 2 floors high and 1 basement located under the blocks.
People who buy houses at Diamond Alnata in A5 Apartment Area are notified of the final payment to hand over the house from the end of January 1.
Concluding in this document 516, the Department of Assessment said that the A5 apartment building was constructed in accordance with the approved design. The management of construction quality, acceptance test and completion of the work construction must comply with regulations on management of construction quality. The Department of Assessment requested Gamuda Land to continue to overcome the shortcomings in the report that the investor sent on May 4, 5 and report the results to the Department of Assessment.
However, in this document, the Department of Assessment has not specified that Apartment A5 has been approved for use. This is a must-have content for Gamuda Land to hand over houses to customers, just like in the documents reviewing the acceptance results that the Department of Assessment issued to this investor in other subdivisions before.
To clarify this issue, the Journalist and Public Review had a meeting with Mr. Nguyen Xuan Phuong - Chief of the Office of the Assessment Department. At the meeting, Mr. Phuong said that the above document 516 is not a written approval for Gamuda Land to put the A5 apartment building into use.
An apartment has been moved in at Apartment A5.
“In this document, it is clearly stated that the investor still has shortcomings that need to be overcome. After the investor has overcome these shortcomings, the Department of Assessment will review it again. If all conditions are met, a written approval will be issued to put the project into use," said Mr. Phuong.
In addition, after the document 516/GD-ATXD/GT, the Department of Assessment has not issued any more documents related to Apartment A5. Therefore, the works in this A5 Apartment Complex are not yet qualified to hand over to people to live in.
Customers have not yet claimed benefits
Regarding the A5 apartment complex, earlier on April 13, the People's Committee of Ho Chi Minh City issued a decision to sanction Gamuda Land for signing an apartment sale and purchase contract in this apartment complex without a written notice from the Department of Construction. Notice of eligibility to sell or lease future houses in accordance with the law.
Pursuant to Clause 4, Article 58 of Decree 16 in 2022 of the Government, the People's Committee of Ho Chi Minh City has decided to fine Gamuda Land 900 million dong for improperly raising capital.
This company also has to take remedial measures to return the improperly mobilized capital. The time to implement remedial measures is 10 days from the date of receipt of the decision. All costs of organizing the implementation of the remedy shall be borne by this company.
In addition, due to a breach of contract due to the delay in handing over the house, many customers buying apartments in Diamond Alnata subdivision of Apartment A5 also asked Gamuda Land to pay benefits, according to the terms of the contract.
Many customers have come to ask to work with the investor to claim the benefits specified in the contract.
Specifically, according to the purchase contract signed by Gamuda Land with the customer, Article 11.7a stipulates on the "Sanction for late handover" also stipulates if the buyer has fulfilled the payment obligation as prescribed but If the seller does not hand over the apartment to the buyer, the seller will have to pay an interest rate of 18%/year on the total value of the purchase price payments that the seller has received for each day of late handover. This penalty period is calculated from the end of the allowed time limit for handover delay until the date of the handover notice, when the apartment is fully qualified to hand over as prescribed.
In addition, the buyer may unilaterally terminate the contract and Article 18.4 of the contract shall apply. This stipulates, Gamuda Land must refund the money received from the customer, pay interest on late handover calculated on the total amount received, calculated from the time of termination of the allowed delay period until the date of notice. effective termination of the contract.
Gamuda Land also has to pay a fine equivalent to 30% of the purchase price for breach of contract and compensate for any actual damage incurred by the buyer due to the seller's breach of the contract.
However, up to now, according to customers, the investor Gamuda Land has not yet paid for the improperly mobilized capital, as well as paid benefits to customers in accordance with regulations. in the contract of sale.
