Exclusive | NCDRC orders developers in Gurgaon real estate projects to refund Rs 12 crore to homebuyers; disposes of 25 cases

Disposing of almost 25 cases filed against two real estate builders, Three C Shelters Pvt Ltd and Orris Infrastructure, for their project located in Gurgaon, the National Consumer Disputes Redressal Commission (NCDRC) has ordered refund of around Rs 12 crore alongwith interest at the rate of 9 percent per annum to homebuyers.

For another batch of buyers, it directed hand over of completed units by September with a delayed penalty of 6 percent in case the order is not complied with.

In all the cases, homebuyers had paid anything between Rs 90 lakh to Rs 1.5 crore. The houses were booked in August 2012 but construction has not been completed till date.

“These orders clearly demonstrate failure of authorities in regulating the real estate industry, which have only been detrimental to innocent homebuyers who just wanted their dream homes and nothing else. It is needless to mention that RERA has been a failure in addressing these issues,” Aditya Parolia of PSP Legal told Moneycontrol.

Since buyers had filed more or less similar complaints against the builder, they were considered and decided together.

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Associate Editor, Real Estate|Moneycontrol News

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The first bunch of 10 complaints were filed by the complainants Sanjay Gupta and others as allotttees of the project Greenopolis situated in Sector 89, Gurgaon wherein the buyers had alleged deficiency in service on the part of the builder Three C Shelters Pvt. Ltd.

In its first order for six cases filed against Orris Infrastructure Pvt. Ltd, the court ordered the real estate fund to refund amounts of Rs 95,01,749, Rs 73,55,651 and  Rs 74,94,106,  Rs 88,93,512, Rs 92,82,430 and Rs 78,73,124 respectively along with interest at the rate of 9 percent per annum from the date of respective deposits till actual payment to the complainants.

It also directed the realtor to comply with the order within 45 days from the date of receipt of this order and to pay Rs 10,000 in each complaint case to the complainant(s) as cost of litigation.

In its second order for three cases filed against Orris Infrastructure Pvt. Ltd, the consumer court directed the real estate company to refund the amount of Rs 75,96,776, Rs 85,72,435 and Rs 88,93,512 respectively along with an interest at the rate of 9 percent per annum from the date of respective deposits till actual payment subject to the restriction that no interest shall be payable for the period before August 24, 2015,  December 21, 2012 and November 24, 2012 respectively.

The order will have to be complied within 45 days from the date of receipt of this order and an amount of Rs 10,000 each would have to be paid to the buyers as cost of litigation, the court said.

In its third order, the consumer court directed the builder Orris Infrastructure Pvt. Ltd. to complete the construction work and handover the physical possession of the flat complete in all respects as per agreement until September 30, 2020 after obtaining occupancy certificate.

The developer has also been directed to pay interest at the rate of 6 percent per annum on the amount deposited by the buyer till the due date of possession from the due date of possession till the actual date of possession.

For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest at the rate of 6 percent per annum shall be adjusted at the time of possession before any due amount is taken from the complainant by the builder, the court said.

The top consumer court also decided on a batch of similar complaints filed by buyers Nitin Gupta and others who are the allottees of the project Greenopolis situated in Sector 89, Gurgaon alleging deficiency in service on the part of builder Three C Shelters Pvt. Ltd.

In its order for four similar cases, the bench ordered the developer Three C Shelters Pvt Ltd to complete the construction work and handover the physical possession of the flat complete in all respects as per agreement till September 30, 2020 after obtaining occupancy certificate.

It also ordered the realtor to pay interest at the rate of 6 percent per annum on the deposited amount by the buyer until the due date of possession from the due date of possession till the actual date of possession.

“For the amounts paid after the due date of possession, the interest shall be payable from the date of completion of one year from the date of deposit till the date of physical possession. The receivables of compensation in the form of interest @6% p.a. shall be adjusted at the time of possession before any due amount is taken from the complainant by the Ops (builder),” the order said.

If the possession is not given till September 30, 2020, the buyer can seek a refund of the total deposited amount along with interest at the rate of 9 percent per annum from the date of respective deposits till actual payment.

The builder will have to pay the amount within a period of six weeks after receiving the request letter from the complainant. If the complainant does not ask for refund, he shall be entitled to get an interest at the rate of 6 percent per annum till possession is handed over, the order said.

Another lot of complaints was disposed of with the court ordering completion of construction work and handover the physical possession of the flat complete in all respects as per agreement until September 30, 2020 after obtaining occupancy certificate.

The builder Three C Shelters Pvt. Ltd has been directed to pay interest at the rate of 6 percent per annum on the deposited amount by the buyer till the due date of possession from the due date of possession till the actual date of possession. For the amounts paid after the due date of possession, the interest shall be payable.

If the possession is not delivered until September 30, 2020, the buyers can seek a refund of the total deposited amount alongwith interest at the rate of  9 percent per annum from the date of respective deposits till actual payment, the order added.