Real Estate major asked to refund Rs 40.9 L for delay

law1By Accommodation Times Bureau

Real Estate major Supertech Ltd has been asked to pay Rs 40.98 lakh to a homebuyer for delay in delivering possession of a flat in Greater Noida Extension with Delhi State Consumer Redressal Commission saying the firm has to suffer for its action and no one else.

The Consumer Commission, while granting full refund of cost of the flat to complainant Ms Aruna Nanda, who had purchased it in 2010 but did not get the possession due to constantly changing offers by the builder, said Supertech had no right to unilaterally change the flat, its size and price without the consent of the home buyer.

According to complaint, Nanda had booked a 2,275 sq. ft. flat under welfare for defence personnel scheme in Supertech’s project “Eco village” in Greater Noida Extension in April 2010. The builders had promised to hand over possession of the flat within 18 months and allotted it for a consideration of Rs 39.52 lakh and later demanded Rs 1,45,954 more, it said.

However, on November 12, 2010, Supertech transferred booking to another flat in a project Eco-3 in Greater Noida and the consideration was increased to Rs 41.68 lakh. It again changed the flat with an enhanced consideration of Rs 42.79 lakh, it said, adding that the area of these flats was less than the originally allotted one.

On May 3, 2013, the firm again sent a letter providing alternative offer of a flat in Oxford Square, Greater Nodia, after which the complainant filed a complaint for restoration of original booking of flat in Eco-village in Greater Noida Extension and compensation of Rs 10 lakh for loss, mental agony and harassment and Rs 50,000 as litigation charges, till delivery of possession. The builder had contended that it has invested lot of amount in the project and was not in a position to refund the amount due to slump in the market.

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