Singhal and the builder sealed the deal for the flat in Sahyadri in 1995. When the builder failed to hand over the flat as promised, Singhal approached the Maharashtra State consumer Disputes Redressal Commission, and, later, the NCDRC. The national commission finally ordered a compensation almost six times the cost of the flat.
While the NCLT takes care of secured creditors and employees, consumers have to travel a long road to recover their pending dues
The consumer court also said the terms of the agreement signed between the two parties were wholly one-sided and unfair to the homebuyer.
NCDRC directs developers Three C Shelters Pvt Ltd and Orris Infrastructure to refund the amount with an interest of 9 percent per annum; In related cases, it orders handover of completed units by September.
One-year delay in completion of a housing project is ‘reasonable’ and a buyer cannot seek refund on that ground
The builder, BPTP, has also been ordered to pay Rs 50,000 as cost of litigation.
Developer also to pay interest at the rate of 9% from the date of each payment until the date of refund and Rs 25,000 as cost of litigation for 'inordinate delay'.
The real estate developer was directed to refund the amount along with interest, and an additional amount of Rs 50,000, for not giving sufficient notice to the buyer.
NCDRC orders 3Cs and Orris Infrastructure to make the payments within 45 days
The commission found that the builder had failed to give possession of a flat even two years after the scheduled date of delivery.
The complainant, Pradeep Shitre, had approached the forum in September 2017 saying the bank had wrongly debited Rs 5,000 from his account in January that year although he did not receive the cash from the ATM.
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