HC tells Supertech to give buyer ₹40 lakh to repay loan

The court asked the company to give a payment plan on the next date of hearing while also recording the statement of Supertech’s counsel that a further sum of ₹17 lakh would be paid by November

The Delhi high court on Monday directed real estate developer Supertech to give an additional ₹40 lakh by October 31, to a home buyer for repayment of loan.

On September 20, the National Consumer Disputes Redressal Commission ordered Supertech to pay ₹1.79 crore to the same homebuyer while also issuing an arrest warrant against the firm’s managing director Mohit Arora (Picture for representation only/HT)

On September 20, the National Consumer Disputes Redressal Commission (NCDRC) ordered Supertech to pay ₹1.79 crore to the same homebuyer while also issuing an arrest warrant against the firm’s managing director (MD) Mohit Arora. In its order, the NCDRC said its order shall come into effect after seven days if the builder fails to deposit around ₹1.79 crore by then.

The NCDRC order came on a petition by Brigadier (retd) Kanwal Batra and his daughter Aakriti Batra, who jointly purchased a villa in Supertech’s Upcountry project, offered by the builder in December 2013 at a cost of approximately ₹1.03 crore, which the builder promised to deliver in August 2014.

Supertech challenged the NCDRC order in the high court, arguing that the commission acted out of its jurisdiction and also did not give the company a chance to present its case.

On Monday, Justice Amit Bansal said ₹40 lakh will be utilised by the petitioner, Brigadier Kanwal Batra (retired), for repayment of the loan. The court asked the company to give a payment plan on the next date of hearing while also recording the statement of Supertech’s counsel that a further sum of ₹17 lakh would be paid by November.

The high court also extended its stay order on Supertech MD Mohit Arora’s arrest till November 11.

During the last hearing on September 24, the high court stayed Arora’s arrest, after Supertech agreed to give ₹50 lakh to Batra.

On Monday, initially, Supertech’s advocate Vikas Sethi submitted that the company proposes to pay the whole amount in monthly instalments of ₹10. The court, however, said the amount has to be substantial.

Advocate Shailesh Madiyal, representing Batra, said the firm shall pay at least the principal amount in the near future so that he can repay the loan and get some money for his daughter’s marriage.

To this, the court said, “You must be reading newspapers that how difficult it is nowadays in these matters. He (Batra) should be grateful for whatever he is getting now. Rather than seeing the glass half empty, see it as half full. The bottom line is that you get back your money.”

The matter will now be heard on November 11.

A Supertech spokesperson refused to comment on the matter, saying the court is seized of the matter.