The apex consumer commission has directed real estate firm Supertech Limited to pay over Rs55 lakh to a homebuyer for its failure to hand over possession of a flat in the stipulated time.
The National Consumer Disputes Redressal Commission (NCDRC) also directed the builder to pay Rs10,000 as litigation cost to the south Delhi resident Ranjeet Bhatia.
“Considering the failure of the OP (Opposite Party) to perform its contractual obligation by offering possession of the flat booked by the complainant, the complainant cannot be compelled to wait for an uncertain period till the OP is able to complete construction of the flat which it had booked by them,” a bench presided by justice V K Jain said.
“The OP (firm) shall refund the entire amount of Rs55,92,636 ... and pay a sum of Rs10,000 as cost of litigation to the complainant,” it said.
According to the complaint filed by Bhatia, he booked a flat worth Rs1.35 crore with the firm’s project in Noida which, as per the allotment letter, was supposed to be handed over in July 2015. The delivery date was further extended to January 2016.
Even after extension of the delivery date and the payment of Rs55,92,636, the firm failed to hand over possession, the complainant said, demanding refund of the money.
The builder claimed that only Rs45.92 lakh was paid by the complainant and in case of delay they were entitled only to an agreed compensation of Rs5 per square feet per month of the super area in terms of clause 3 of the allotment letter.
However, the NCDRC held that this clause would apply to the cases where the buyer takes possession of the allotted flat and not to the cases where the buyer seeks refund of the amount paid by him due to the failure of the builder to deliver possession as per the agreement between the parties.