Highest consumer commission, the National Consumer Disputes Redressal Commission (NCDRC) has directed the real estate firm Supertech limited to pay back an amount of over Rs.55 lakhs to a buyer on account of not giving the possession of flats in the specified time.
NCDRC has also directed the realty firm to pay an amount of Rs.10000 as litigation cost to Ranjeet Bhatia, a resident of South Delhi.
Keeping in mind the continuous inability of the Opposition Party to fulfill its contract of delivering the possession of flats to the prosecution party, it would be unfair for the Prosecution Party to keep waiting till the construction of flats booked by them is completed by the Supertech builder.
Ranjeet Bhatia complains that he had booked a flat in the Noida’s Supertech project. According to the allotment letter issued, the flat was to be handed over to him by July 2015. This date of delivery was further stretched to January 2016. Even after the payment of Rs. 55,92,636 and the extensions in delivery dates, the famous real estate firm in India showed sheer failure in handing over the possession.
In defense, the builder denied the receiving of Rs.5592636 and said that Ranjeet Bhatia had paid an amount of Rs.45.92 lakhs. According to the clause 3 of the allotment letter, if there was any delay in handing over the possession, the builder was supposed to pay a compensation of Rs.5 per square feet per month of the total area of the flat.
But NCDRC stated that this clause is only applicable in the cases where the buyer wants the possession of the flat. It is not applicable in cases where the buyer demands a refund for not getting the possession from the builder in the stipulated time.
