In two separate matters, the National Consumer Disputes Redressal Commission on January 3, directed Earth Infrastructures to compensate flat buyers by refunding a sum of ₹1 crore in each case, after the developers failed to deliver the flats within the stipulated time.
The complaints by flat buyers Girwar Singh Jakhar and Divya Jakhar alleged that they had booked residential flats with the developers in an upcoming project being developed in Gurugram. However, it was alleged that despite having paid a sum of over ₹1 crore and ₹80 lakh respectively, the developers failed to deliver the flats.
Payment with interest
“The possession of the flat was not offered to him and in fact the construction is nowhere near completion,” the national commission observed.
The NCDRC observed that according to the buyer’s agreement the flat was to be delivered to Ms. Jakhar by 2015. “Since the possession of the flats has not been offered to the complainants and the construction of the flats is not complete, they are entitled to refund of the principal amount paid by them to the opposite party along with compensation in the form of interest,” the order read.
The NCDRC further directed the developers to pay both complainants ₹25,000 each as compensation towards litigation costs.
