Developer told to pay ₹1.57 cr. compensation

Consumer panel rules in favour of homebuyer as realtor failed to deliver flat on time

The National Consumer Disputes Redressal Commission (NCDRC) has directed developer Jaiprakash Associates Ltd. to compensate a complainant by paying over ₹1.57 crore for not delivering possession of a flat booked within the stipulated time.

Holding the developer deficient in services, the NCDRC observed: “Complainants cannot be made to wait indefinitely for possession of the unit as even till date the construction is yet to be completed. As more than seven years has lapsed from the date of allotment [June 2012] and is still incomplete, we are of the considered view that the complainants are entitled for refund of the principal amount with reasonable interest.”

The directions came when the apex consumer disputes redressal forum was hearing a complaint moved by city resident Anish Singhal who alleged that the developer had failed to deliver an apartment booked by him in 2012 in a project in Noida, which was being developed.

“...despite paying an amount of ₹1.57 crore out of the total sale consideration of ₹1.75 crore with the promised delivery of possession being 36 months from the date of the allotment letter, the opposite party did not complete the construction nor offered possession...” read the complaint.

Additional compensation

While observing that “no insolvency petition has been admitted against Jaiprakash Associates Limited,” the consumer panel also directed additional compensation of ₹25,000.

The developer was directed to refund the principal amount paid by the complainant on various occasions with 12% interest.