Supertech directed to pay Rs 55 lakh to home buyer for failure to hand over possession: NCDRC

The apex consumer commission has directed real estate giant Supertech Limited to pay over Rs 55 lakh to a homebuyer for its failure to hand over possession of a flat in the stipulated time. The National Consumer Disputes Redressal Commission (NCDRC) also directed the builder to pay Rs10, 000 as litigation cost to the south Delhi resident Ranjeet Bhatia. “ Considering the failure of the opposite party to perform its contractual obligation by offering possession of the flat booked by the complainant, the complainant cannot be compelled to wait for an uncertain period till the opposite party is able to complete construction of the flat which it had booked by them,” a bench presided by justice V K Jain said. “ The real estate firm shall refund the entire amount of Rs 55, 92,636 and pay an additional sum of Rs10, 000 as cost of litigation to the complainant,” it said. According to the complaint filed by Bhatia, he booked a flat worth Rs1.35 crore with the firm's project in Noida. According to the allotment letter, the firm was supposed to hand over the possession of the flat by July 2015. The delivery date was further extended to January 2016. The complainant said that even after extension of the delivery date and the payment of Rs 55, 92, 636, the firm failed to hand over possession, further demanding refund of the money. The builder claimed that only Rs 45.92 lakh was paid by the complainant and in case of delay they were entitled only to an agreed compensation of Rs 5 per square feet per month of the super area in terms of clause 3 of the allotment letter. However, the NCDRC held that this clause would apply to the cases where the buyer takes possession of the allotted flat and not to such cases where the buyer seeks refund of the amount paid by him due to the failure by the builder to deliver possession as per the agreement between the parties.

Lately, the judicial forums have been proactive towards the interest of the buyers after repeated cases of failure to deliver possession by the builder. This judgment is another such case wherein the objective is to reinstate the faith of the people and help them develop the confidence to infuse more investment into the sector.