This is the case of a consumer who entered into an agreement with the builder to purchase an apartment at Gurugram.
As per the terms of the agreement the builder was to apply for the occupancy certificate within 39 months from the date of excavation with a grace period of 180 days and offer possession of the flat to the Flat Purchaser.But the builder failed to do the same. Hence the flat purchaser filed a consumer complaint before the National Commission alleging deficiency of service on the part of the builder. The Flat purchaser claimed the refund of the amount of Rs. 4,48,43,026/- deposited by the purchaser along with the Interest @18% p.a. and compensation of Rs. 10,00,000/- for mental harassment, discomfort and undue hardship and litigation cost of Rs. 1,00,000/-.
During the pendency of proceedings builder obtained the occupancy certificate and issued a possession letter to the respondent and requested the court to direct the flat purchaser to take the possession of the apartment, instead of directing refund of the amount deposited.The builder tried to take advantage of the written agreement stating that the flat purchaser is not entitled to refund of the amount deposited, as he had not terminated the agreement as per the clauses inserted in the agreement, givinga written notice of 90 days to terminate the agreement.Flat Purchaser could have claimed refund only after the expiry of 12 months after the grace period came to an end. Flat Purchaser further stated that he had taken an alternate property in Gurugram hence he is no longer interested in taking the possession on account of inordinate delay of 3 years. Moreover he had obtained a loan for Rs. 3,30,00,000/- from Standard Chartered Bank to purchase the flat from the builder, and had to pay Interest @10% p.a. for servicing the loan for the entire period.
After considering all the statements and evidences National commission held that the Occupancy Certificate was obtained after a delay of more than 2 years. The buyer cannot be compelled to accept the possession of the apartment at such a belated stage.National Commissiondirected the Builder to refund Rs. 4,48,43,026/-the amount deposited by the Flat Purchaser, along with Interest @10.7% S.I. p.a. towards compensation.
The Supreme Courtaffirmed the Final judgment and order passed by the National Consumer Disputes Redressal Commission stating that there is no illegality in the Impugned Order passed by the National Commission.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.