The National Consumer Disputes Redressal Commission (NCDRC) has directed a builder to refund the full amount to the homebuyer in a property possession case. The commission has also ordered the builder to pay compensation and litigation costs.
The homebuyer had filed a complaint with the NCDRC against the builder for not delivering the possession of the flat even after the payment was made. The buyer had booked the flat in the year 2012 and had paid the entire amount as per the payment schedule agreed upon by both parties.
However, the builder failed to deliver the possession of the flat within the agreed timeline. The buyer had then approached the builder multiple times, but the builder failed to respond to the complaints. As a result, the buyer had no choice but to approach the NCDRC.
Details of the case
The case pertains to a property possession dispute between a homebuyer and a builder. The homebuyer had booked a flat in a housing project launched by the builder and had paid a substantial amount as advance. However, the builder failed to deliver possession of the flat within the stipulated time period and kept delaying the project. The homebuyer, who had been waiting for years, finally approached the National Consumer Disputes Redressal Commission (NCDRC) seeking relief.
The NCDRC heard the case and found that the builder had violated the terms of the agreement by not delivering possession of the flat on time. Moreover, the builder had failed to provide any valid reasons for the delay. The commission also found that the homebuyer had suffered mental agony and financial losses due to the delay caused by the builder.
Ruling of the NCDRC
After hearing both parties, the NCDRC found the builder guilty of deficient service and unfair trade practice. The commission also observed that the builder had no legal right to delay the possession of the flat.
The commission ordered the builder to refund the entire amount paid by the homebuyer along with 9% interest from the date of payment till the date of refund. The builder was also directed to pay compensation of Rs. 50,000 to the buyer and litigation costs of Rs. 10,000.
This decision by the NCDRC is a significant victory for homebuyers who have been suffering due to the delays in possession of their flats. The commission has sent a strong message to the builders that they cannot get away with unfair trade practices and deficient services.
The homebuyers invest their hard-earned money in buying their dream homes, and the builders have a moral obligation to deliver the possession of the flat within the agreed timeline. However, many builders delay the possession of the flats, causing immense financial and mental stress to the buyers.
The NCDRC decision will set a precedent and act as a deterrent for builders who engage in unfair trade practices. The buyers who are suffering due to the delay in possession of their flats can approach the NCDRC for redressal.
The decision by the National Consumer Disputes Redressal Commission (NCDRC) to direct a builder to refund the full amount to the homebuyer in a property possession case is a significant victory for homebuyers who have been suffering due to the delays in possession of their flats. The commission has sent a strong message to the builders that they cannot get away with unfair trade practices and deficient services. The NCDRC decision will act as a deterrent for builders who engage in unfair trade practices, and the buyers who are suffering due to the delay in possession of their flats can approach the NCDRC for redressal.
Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances.
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