The development comes after Karnataka RERA recently order asked a home buyer to pay interest to the developer for failing to pay EMIs of a delayed project in Bengaluru.
In February 2022, a portion of tower D of Chintels Paradiso, a housing society at Gurugram, collapsed, leading to the death of two women
The Commission held that homebuyers can approach the courts even after the conveyance deed has been executed. Additionally, the court maintained that homebuyers who bought apartments for resale are also 'consumers' in the case.
Noting deficiency in service, the apex consumer commission ordered the builder to refund the entire amount of Rs 1,19,88,202 to the complainant with nine per cent simple interest from the date of respective deposits till the date of payment.
The pending cases will be disposed of by way of settlement between parties in the National Lok Adalat which is held periodically and across the country.
Terms the new construction as “a clear deficiency of service”; 300 buyers of M3M Merlin of Sector 67, Gurugram, had filed the complaint; the order also provides relief on IFMS, excess EDC/IDC collected, and poor quality of construction.
The builder is ordered to refund the entire amount paid by the buyer. Unless a project is completed in its entirety, a refund cannot be denied even if possession has been offered, the court has noted.
Consumer court ordered the builder Ireo to refund entire principal amount of Rs 2.23 crore to a buyer, along with compensation at an interest rate of 10.25% per annum for delay in handing over possession.
The court has directed the developer BPTP to ensure full payment on or before July 15, 2021, in compliance with the NCDRC order, with interest at the rate of 9% per annum
Orders three years imprisonment for its managing director and directors of the company
Homebuyers have welcomed the order saying that the apex court has restored the sanctity of the builder-buyer agreement and the developers' stand of linking the allotment or handover of flats with the date of RERA registration has been dispelled
Homebuyers have welcomed the order, saying that it is now legally validated that they cannot be forced to choose a forum as per the convenience of builders.
NCDRC rules that homebuyers cannot be made to wait indefinitely for possession of plots; Builder’s settlement with a few buyers is not enough when a class action suit is invoked, especially since huge amounts paid by thousands of buyers are at stake
Any unreasonable escalation of flat cost by the builder ‘unfair’, the consumer court said
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.
The bench said the flat owners are entitled to the compensation in excess of the amount stipulated in their agreements with the developers.
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.
Other cases to be heard by district and state commissions. Experts say that this will fail to provide quick relief to homebuyers given the huge number of cases pending in these forums. Buyers see this as a move to limit legal option to RERA
The consumer court also rules that a real estate company cannot levy holding charges on a homebuyer as it does not suffer any loss on account of a buyer taking possession at a later date due to an ongoing court case
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.
The court has ruled that the purpose for which the property has been bought is important to decide whether the buyer is a consumer under the Consumer Protection Act
Alwar-resident Rajesh Khandelwal and his wife had taken a home loan of Rs 17.5 lakh from ICICI and deposited the original registered sale-deed of their flat with the bank which later lost it.
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'.