NCDRC Asks Emaar MGF To Handover Possession Of Emerald Floors Within A Year
Depriving a person of a self-owned house amounts to a serious injury to the homebuyer who has booked the apartment to have a shelter over his head, the National Consumer Disputes Redressal Commission (NCDRC) said on November 3.
The NCDRC has held the real estate developer Emaar MGF as negligent in the matter of rendering services by failing to handover the possession of apartments to a group of homebuyers within the stipulated time.
The Commission has asked the developer to hand over possession of the properties within a year and give interest on the amount paid for the apartments as compensation.
Besides this, the developer has to pay Rs 25,000 each as litigation cost to 11 buyers, it said.
"It can hardly be disputed that the deprivation of the user of a self-owned house amounts to a serious injury to the homebuyer who has booked the flat for the purpose of having a shelter over his head and therefore, has either to live in a rented accommodation or an accommodation which is not suitable or convenient to him," the Commission headed by its presiding member Justice V K Jain said.
"Had the opposite party (firm) delivered possession of the flats within the time stipulated for this purpose, the complainants would have been enjoying the use and possession of the flats booked by them. They have been deprived of the user of the flats on account of the default committed by the opposite party," it added.
The homebuyers had approached the Commission after the residential flats in a project, named Emerald Floors which the developer was to construct in Sector 65 of Gurgaon, was delayed beyond stipulated time.
The group of flat buyers had booked the properties during 2009-10 and the developer was supposed to hand over the possession in 27 months.
The developer had resisted the complaint about compensation saying there was no evidence of actual damages caused to the complainants and hence they were not entitled to any damages or compensation.
It had also contended that according to the builder-buyer agreement, the developer was supposed to pay only Rs 10 per sq ft per month to the customer for any delay.
The Commission rejected this contention and ordered a compensation of eight per cent interest to be paid by the developer to the buyers.
With inputs from Housing News