NEW DELHI: In yet another order in favour of a flat-buyer, the National Consumer Disputes Redressal Commission (NCDRC) has directed a builder to repay the total amount of about Rs 47.5 lakh along with 18% annual interest for failing to hand over a flat he had booked in 2007.
A bench comprising Justice J M Malik and member S M Kantikar of the country’s apex consumer body has also directed Parsvnath Developers to pay a compensation of Rs 4.5 lakh and it has also imposed Rs 1 lakh as costs towards litigation.
The order came in a case filed by a Lucknow resident Rajesh Kumar Agrawal, who had booked a flat in ‘Parsvnath Priviledge’ complex. Subsequently, the allotment was changed with mutual consent. The agreement was entered into by both the parties in July 2007 with the condition that the buyer would get possession in 36 months.
“This is an admitted fact that even after the elapse of nine years, the flat is not ready,” the order mentions. It says while the builder’s counsel had said that she was unsure whether the photographs submitted by the buyer was genuine one, she was unable to answer when the builder would hand over the flat to the buyer. “The photo reveals that the construction is at the initial stage,” the order says.
Recording the helplessness of buyer, the order also mentions that he had booked the flat at 50 years and now he is of 60 years. “He is still roaming in the rented house one after another,” it says. The buyer no more wanted the flat.
The commission ordered refund with 18% based on the earlier precedents set by itself in other cases.
Recently, the same bench had directed TDI Infrastructure to refund the entire amount paid by a plot buyer in Haryana along with 18% annual interest for failing to hand over a 1,000 sq yard plot it had sold in 2006.