NBCC Green View: HRERA directs NBCC to compensate shop owner

HRERA directed NBCC to compensate a property owner ₹16.5 lakh for a shop declared unsafe and undergoing demolition in Gurugram's Green View apartments.

Gurugram: The Haryana Real Estate Regulatory Authority (HRERA) Gurugram on Sunday directed the National Building Construction Corporation (NBCC) to compensate a property owner whose shop in NBCC Green View apartments was declared unsafe by the district administration in 2022 and is now undergoing demolition.

The developer has been asked to pay compensation to buyer for losses he suffered and other costs (HT)

In a statement issued on Sunday, HRERA said it directed NBCC to pay ₹16.5 lakh to buyer Nand Lal as compensation, ₹1 lakh for mental agony, ₹2 lakh for shop’s interior work loss and ₹50,000 for litigation costs. The authority said that original price of property has already been refunded to the petitioner.

The order issued by HRERA adjudicating officer Rajender Kumar stated that the property in question is a commercial shop measuring 166 sq ft, which was allotted to Lal for a sale consideration of ₹19,42,200 (basic sale price) at ₹11,700/sq ft. As per an AI (artificial intelligence) overview, the rates of similar properties would have appreciated to ₹22,000/sqft or, in other words, have appreciated by 88% at the time of refund paid to owner.

“Even if it is presumed that the value of a commercial shop would have increased to 85% in that area. The amount of ₹19,42,200 — if invested in some other similar projects — would have appreciated to ₹16,50,870 and, as pointed out in the earlier HRERA order, the amount paid by the complainant has already been ordered to be refunded. Considering all this, the complainant is allowed a sum of ₹16,50,000 — as loss of appreciation to be paid by the respondent NBCC (India) Limited,” the order dated February 24 stated.

The order further states that the mentioned amounts must be paid along with an interest of 10.85% per annum from the date of this order till realisation of the amount.

“The developer has been asked to pay compensation to buyer for losses he suffered and other costs,” Kumar told HT.

NBCC did not respond to the matter despite reaching out.

The NBCC Green View project in Sector 37D was launched in 2010, and possession of flats was handed over to owners in 2017. The condominium comprises 784 apartments across seven towers, in addition to 139 economically weaker section (EWS) flats.

On February 17, 2022, the Gurugram district administration invoked the National Disaster Management Act 2005, and declared the entire NBCC Green View condominium unsafe for residents. The deputy commissioner also directed residents to vacate the complex within 15 days of the order, setting March 3, 2022, as the deadline.

The decision to declare the complex uninhabitable followed a structural audit conducted by IIT Bombay in 2021 that found the buildings unsafe. The seven towers in the NBCC Green Views condominium are in different stages of demolition.