Allow Cookies!
By using our website, you agree to the use of cookies
National Consumer Disputes Redressal Commission: Justice Prem Narian allowed consumer complaints seeking a refund of money paid to book flats in a construction project “GREENOPOLIS” which is being carried out by the Gurgaon based developer, Three C Shelters Pvt. Ltd.
Complaints have been filed by the allottees alleging deficiency in service ‘Inordinate delay’ in give possession, on part of opposite party namely Three C Shelters Pvt. Ltd
As the complaints have been filed with more or less similar prayer against the same opposite parties, therefore, they were clubbed together. Complainants herein had booked apartments in a project started by the opposite party (OPs) by paying investment amount between Rs.70lakh -1crore approximately. However, the complainants were not given the possession even after almost 3 years.
“In these complaint cases, the possession was due in 2015-2016, however, even the construction is not complete”, Commission noted.
The OPs resisted these complaints on the following grounds,
The Commission noted aforestated contention and rejected by stating, "Installments have been paid up to a reasonable limit and the payment was stopped later on as there was no progress in the construction, therefore, it cannot be said that the complainants breached the agreement first and they are not entitled to any relief in the light of Section 54 and 55 of The Indian Contract Act 1872”.
Commission opined that OPs had to bring water from outside. Clearly, there was no ban on construction and OPs should have put their resources and managerial skills to bring water from outside and to complete the construction in time.
In view of the above Commission stated, that Homebuyers cannot be made to suffer and wait indefinitely for possession of the apartments allotted to him, and are entitled to seek a refund of the amount paid by him, along with compensation
The commission observed, since all the homebuyer's invested amount had been received by Three C shelters Pvt Ltd. A developer would be liable to refund the same to the complainants along with 9% p.a. interest from the date of respective deposits.
In a few cases, the Court has directed the builder to hand over completed units to the respective homebuyers by September 2020, with a delayed penalty of 6%. It has also been provided that if possession is not given by September, the homebuyers shall be at liberty to seek a refund of the total deposited amount.
86540
103860
630
114
59824