Lawstreet Journal

NCDRC Directs Three C Shelters to refund Rs 12 Crores to homebuyers Due to “Inordinate Delay” in giving possession [Read Orders]

Lawstreet Journal 28 Jul 2020 3:17am

Image courtesy: Lawstreet Journal Judiciary NCDRC Directs Three C Shelters to refund Rs 12 Crores to homebuyers Due to “Inordinate Delay” in giving possession [Read Orders]

On Monday, 20th July 2020 The National Consumer Disputes Redressal Commission directed the developer i.e. Three C Shelters Pvt Ltd to refund 12 Crores (approx.)to the homebuyers in view of “inordinate delay” in giving possession for its Greenopolis Project in Gurgaon.

Presiding member Prem Narain noted, “In these complaint cases, the possession was due in 2015-2016; however, even the construction is not complete.”

The commission further stated “Clearly the OPs have not been able to complete the project in time and to deliver the possession of properties in question to the respective complainants in time as per the allotment letter or the Apartment Buyer Agreement. It is now clearly established that the allottees have the right to ask for a refund if the possession is inordinately delayed and particularly beyond one year.”

However, the builder argued that the complainant-buyer had breached the provision of the apartment buyer agreement as they have stopped paying the instalments so as per Section 55 of the Indian Contract Act, 1872 they are not entitled to any relief.

Regarding this the commission said:

“Instalments have been paid up to the reasonable limit and the payment was stopped later on as there was no progress in the construction- therefore, it cannot be said that the complainants breached the agreement first and they are not entitled to any relief in the light of Section 54 and 55 of the Indian Contract Act, 1872.”

The builder took the defence of Force Majeure for the delay, including the order of P&H HC in the case… Continue Reading...

Tagged: NCDRC  
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