HRERA directs NBCC to pay rent, damages to allottee

The HRERA court ordered that monthly rent of ₹30,000 should be paid to the petitioner, and ₹1 lakh each as compensation for mental harassment and litigation cost. The compensation must be paid within one month of the court order

Gurugram: The Gurugram bench of the Haryana Real Estate Regulatory Authority (HRERA) has directed the National Buildings Construction Corporation (NBCC) to pay monthly rent to an allottee of the NBCC Green View condominium in Sector 37 D until possession of a flat is given to him, officials said.

The NBCC Green View condominium in Sector 37D of Gurugram that has been declared structurally unsafe by the district administration after audits by experts found flaws. (HT PHOTO)

The HRERA court ordered that monthly rent of ₹30,000 should be paid to the petitioner, and ₹1 lakh each as compensation for mental harassment and litigation cost. The compensation must be paid within one month of the court order. A senior HRERA official said that other flat owners of the project could also get benefits under this order if they make a submission in court.

The NBCC Green View condominium in Sector 37D has been declared structurally unsafe by the district administration after structural audits conducted by experts from IIT Roorkee found several construction flaws in the structures and declared the buildings unsafe for habitation. The district administration had directed the flat owners to vacate the flats in March 2022.

The order issued by HRERA adjudicating officer Rajender Kumar on November 25 said, “When a house/apartment allotted to complainants has been found unsafe for living, they have to vacate it. All this apparently caused harassment and mental agony to the complainants. However, there is no scale to measure loss caused by harassment in this way. Considering the facts of case and circumstances of complainants, they are awarded a compensation of ₹1,00,000/- for mental agony and harassment to be paid by the respondent,” the court order said adding that ₹30,000 rent per month was appropriate till an alternative housing unit is given or money taken for the unit is refunded.

Earlier this year, NBCC had sought permission from the Gurugram administration to demolish the condominium but permission was not granted as the dispute between home owners and developers is still pending in the Delhi high court.

The NBCC Green View project was launched in 2010 and possession to owners was given in 2017. The condominium has 784 apartments in seven towers apart from 139 EWS flats.

The condominium was initially declared unsafe in 2021 and by March 2022, the residents were asked to vacate the premises due to structural risks.

When asked about the matter, NBCC officials refused to comment on the matter.