Consumer forum orders refund for delay in delivery of flats

The Imperia Esfera project was launched in 2012 in Sector 37-C and it comprised of around 580 flats in eight towers. The project was to be delivered in three years with a grace period of six months, said buyers.

The National Consumer Disputes Redressal Commission (NCDRC) has directed a builder to refund money paid by homebuyers, who had bought flats in its project in Sector 37 of Gurugram. Last week, the NCDRC, in two separate orders, directed Imperia Structures Ltd to refund 17 homebuyers, who had approached the commission for relief as their apartments had been delayed by more than three years.

The Imperia Esfera project was launched in 2012 in Sector 37-C and it comprised of around 580 flats in eight towers. The project was to be delivered in three years with a grace period of six months, said buyers. (HT FILE PHOTO)

The Imperia Esfera project was launched in 2012 in Sector 37-C and it comprised of around 580 flats in eight towers. The project was to be delivered in three years with a grace period of six months, said buyers, who approached the commission after they were told that possession could be given only by the end of 2020.

The bench of NCDRC president Justice RK Agarwal and member Justice M Shreesha held: “Keeping in view the admitted incomplete construction, the fact that some of the complainants have also taken bank loans and are paying EMIs and considering the stipulation provided in Clause11.4, this complaint is partly allowed directing the developer to refund the amounts deposited with simple interest at 9% pa from the respective dates of deposits till the date of realization, together with costs of ₹50,000/- to be paid to each of the complainants. The directions are to be complied within four weeks from the date of receipt of a copy of the order, failing which, the amount shall attract interest of 12%.”

The buyers said they wanted the order to be executed at the earliest. “We have been paying rent and EMI, both, in the hope that these homes would be handed over to us soon. It is very difficult to survive as majority buyers have paid an average of ₹60 to ₹70 lakh to the developer,” homebuyer and beneficiary of the directive, Rajat Verma, said.

The developer admitted that the project had been delayed because of reasons beyond its control.

“We have offered to these buyers alternative flats in the finished towers, where possession is being given. Also, penalty for delay in delivery is being paid to people as project timelines got delayed,” senior manager (customer relations management) of the Imperia Structures Ltd, Jasleen Khokhar, said.