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People affected by halted constructions

May 22, 2015
 
Nino Kimadze

I sent application to the construction company “Center Point” to buy an apartment in Didi Dighomi in 2006. I paid the cost of the apartment- 40 000 USD throughout24 months according to the schedule composed by the company. According to the agreement I should have received a white carcass on September 30, 2008, but I am still waiting in vain, “_ said NatiaVakhtangadze, who is affected by the halted construction.
 
According to Vakhtangadze, in 2008 a representative of “Dexus” came to her and forced her to sign the payment of VAT.
 
“I cannot register the apartment in the Public Registry, because I have paid the VAT. I have been fighting against this injustice for 7 years. “Center Point” should have paid 0.02% for each delayed day, which of course they didn’t do. We received a black carcass instead of the white, and we have to pay the cost for communication as well, “_ said NatiaVakhtangadze. 

Natia is one among the people who, during the conversation with humanrights.ge, call themselves affected by the construction company “Center Point”. Iatamze Ghonghadze has also been waiting her commercial property to be finished in “Dighomi Oasis” for 7 years. 

“I bought a space for commercial purposes, cost of which amounted to 28 640 dollars. But nowadays it doesn’t even cost 5 000 dollars,” _said Iatamze Ghonghadze.

According to Iatamze, the constructed space does not meet the requirements as provided upon the agreement. “Walls are too thin, height of the ceiling is not enough, also the commercial space doesn’t have a communication system.”

With these accusations Iatamze appealed to the court.
 
Like those affected by “Dighomi Oasis”, the owners of the space located in Khosharauli 29 also blame the company “Center Point”.

One of the affected persons Eliko Bulbulashvili paid the 55 000 dollars to Center Point”  to buy 22m2 space in the shopping center “Uni Mall” in 2005-2006. Construction of this space is partially done but still there are no internal communication. Affected people created Initiative group and try to fight against the construction company “Center Point” using their own funds.
 
Considering a huge number of people affected by the suspended constructions, those constructing cites, construction of which started in August 2008 and are not finished yet, were released from the obligations before state, including VAT and K2 fees, by Premier Minister Irakli Garibashvili. This statement was made by Premier Minister of Georgia Irakli Garibashvili on February 19, 2015.
 
According to the lawyer from the law office “Migriauli and Partners” Roin Migriauli, law on removing VAT and K2 fees was a right decision made by the state for those Development Companies who started the constructions but for some reasons, have not finished them yet.

“According to the enacted law,  developers will maintain some funds to use them for constructions. “Center Point” has more than 6 500 people affected, in addition  it pays money to creditors. If some actions will be made and “Center Point” , creditors and developers participate, the problem will be solved. “_ said Roin Migriauli.

Humanrights.ge contacted the Architect Service of Tbilisi City Hall. As they explained in the Architect Service, the City Hall only issues a license, after this the commissioning of suspended construction is beyond their competence. According to them, only the Municipal Supervision Service has the right to interfere in constructions. 

“If the building creates a threat to the surrounding area or population, the Municipal Supervision Service will interfere and write a reference about the violation; afterwards, administrative proceedings will take place. As for the people affected by the halted construction, they should appeal to the court,“_ the representative of the Tbilisi City Hall’s PR office told humanrights.ge.

Lawyer of the law office “Migriauli and Partners” Roin Migriauli thinks that, non-interference of the City Hall in the litigation between construction companies and their victims, is unjustified. According to him, in order to maintain the city appearance, the City Hall should be responsible to finish the constructions and take some responsibilities, in particular to become guarantor, mediator for the companies. As mentioned by Migriauli, this is not only a private litigation, it is a public issue.

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