NCLAT Orders Maintenance Handover at 2 Supertech Projects

• AOAs to take over maintenance at Ecociti and 34 Pavilion within 30 days

• Nearly 99% residents already living in both projects

• Handover to happen under supervision of insolvency professional

Noida: National Company Law Appellate Tribunal (NCLAT) has directed that day-to-day maintenance of two Supertech residential projects — Ecociti in Sector 137 and 34 Pavilion in Sector 34 — be handed over to their respective Apartment Owners’ Associations (AOAs) within 30 days.

The order gives residents long-awaited control over essential services such as security, housekeeping, lifts, electricity backup, and common area upkeep through their elected bodies.

A bench headed by Justice Ashok Bhushan and technical member Barun Mitra instructed YG Estates Facilities Management Pvt Ltd, which is currently managing maintenance, to complete the transfer process under the supervision of the Interim Resolution Professional (IRP). Supertech Ltd is undergoing insolvency proceedings, and the IRP is overseeing its affairs.

The tribunal made it clear that once an AOA is legally registered, the promoter or its appointed agency cannot refuse to transfer maintenance responsibilities.

Ecociti, Sector 137

In the case of Ecociti, the AOA was registered on January 3, 2022. The project has 2,147 flats, and the tribunal noted that around 99% of buyers have already taken possession and are residing in the society.

The bench also referred to communication with the Noida Authority, which had earlier directed Supertech to hand over maintenance to the registered association. Despite this, the process was delayed, prompting residents to approach the tribunal.

Allowing the plea, the NCLAT ordered that maintenance must be transferred within 30 days, under IRP supervision.

34 Pavilion, Sector 34

A similar direction was issued for 34 Pavilion. The tribunal recorded that occupancy certificates for two of the four towers were issued as far back as September 28, 2012. Out of 262 flats across the towers, nearly 99% buyers have taken possession.

The bench reiterated that maintenance cannot remain with a developer-appointed agency indefinitely when residents have formed a registered association.

What About Pending Dues?

YG Estates argued that some allottees had pending maintenance dues. However, the tribunal clarified that the handover process cannot be stopped on that basis. The agency is free to recover dues through contractual remedies, but it cannot retain control of maintenance as leverage.

The ruling reinforces a key legal principle: once an AOA is formed and most residents have taken possession, the promoter must transfer common area management to the association.

For thousands of residents in Noida, this means:

• Greater transparency in maintenance expenses

• Democratic control over service providers

• Better accountability in day-to-day operations

The order is also significant for other stalled or insolvency-hit projects, where buyers are seeking greater administrative control over their societies.

Also Read: NCLAT Clears Insolvency Case Against Mahagun After ₹256 Crore Settlement

Also Read: Senior Living & Wellness Homes Gain Momentum in Gurgaon’s Real Estate Market