Gurugram: In a relief to a homebuyer, the National Consumer Disputes Redressal Commission (NCDRC) has asked the managing director of a real estate company having a project in Sector 37C to come in person to the commission in next hearing and pay interest to the homebuyer for delay in handing over the possession of his flat as per the commission’s August 2019 order.
The commission also ruled that the managing director of the company will not leave the country till further orders.
“Managing director of the company is asked to be present in person in court on the next hearing on April 8, 2020, and meanwhile he will not leave the country since previous order not complied,” said the NCDRC’s January 6 order.
When asked, Vipin Gupta, advocate for the realtor, said, “We have settled many such cases amicably as per the commission’s directions. In this regard, since matter is in the commission, I will not comment anything. We will follow commission’s direction, however.”
Mohan Singh, the complainant, told HT that he booked a flat in the housing project at Sector 37C in Gurugram in 2011 and the developer was to offer possession in September 2016. In 2018, after he did not see any sign of possession of flat, he moved the commission for relief in terms of delay compensation.
“I have paid 90% to the developer for the flat. As on date, the project is not complete. I moved the commission about two years ago. After the developer did not comply with August 2019 order to pay me interest at 12%, we moved an execution plea in the commission as per provision in December. The commission heard the matter on January 6 and found violation by the developer and asked to come in person in next hearing and comply previous order as well,” said Singh.
{{/usCountry}}“I have paid 90% to the developer for the flat. As on date, the project is not complete. I moved the commission about two years ago. After the developer did not comply with August 2019 order to pay me interest at 12%, we moved an execution plea in the commission as per provision in December. The commission heard the matter on January 6 and found violation by the developer and asked to come in person in next hearing and comply previous order as well,” said Singh.
{{/usCountry}}As per the NCDRC’s August 2019 order, the company had to pay 12% interest of the total amount paid by the complainant as compensation for the delay in possession of flat within four weeks of the order, failing which 14% rate would be applicable.
“The developer did not follow the August order of the commission. Then, as per NCDRC rules, we moved a plea before Justice VK Jain for execution of the August 9 order,” said Nitin Saxena, advocate of the homebuyer.