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New Delhi: National Consumer Disputes Redressal Commission (NCDRC) has directed Raheja Developers For paying Rs 1.19 crore to a man for delay in execution and delivery of a villa.
Taking note of the deficiency in service, the apex consumer commission ordered the builder to refund the entire amount of Rs 1,19,88,202 to the complainant along with nine per cent simple interest from the date of respective deposit till the date of payment.
“The opposite party shall also pay Rs 50,000 as litigation cost to the complainant. The payment shall be made within six months of this order. In case of default, compensation along with penal interest of 15 per cent for the period of delay shall be payable. Presiding said a bench of member Deepa Sharma and member Subhash Chandra.
The NCDRC was hearing a complaint filed by Sunny Ahuja, in respect of a plot allotted to him in a project named ‘.Raheja Aranya City‘, Sector 11 & 14, Phase I, Sohna Road, Gurgaon Promoted by Raheja Developers.
The complainant had alleged deficiency in service due to delay in handing over the possession of the allotted plot and claimed refund of the deposited amount along with compensation.
The builder termed the complaint as devoid of any cause of action and submitted that the complainant is not a ‘consumer’ as he has booked the flat for commercial gain, being a real estate speculator.
The NCDRC found that the complainant had booked a villa (E-35) in a project named ‘Aranya City’ on Sohna Road, Gurgaon in 2012 and started paying for the same in installments.
“As the OP could not obtain the required approval for the first phase of its project, it offered the complainant the same plot and villa in the second phase (E-70). This change was agreed to by the complainant. Obtained for the first The paid allotted plot (E-35) was adjusted to this new plot.
“The complainant continued to make payments as demanded till 2014. The buyer’s agreement dated August 7, 2014 stipulated that the project would be executed within 42 months (including a grace period of six months) up to February 7, 2018. Execution Noting the lack of progress, the NCDRC said, the complainant filed two police complaints in January 2019 and the present complaint in January 2020.
The builder attributed the delay to reasons covered under the force majeure clause of the agreement.
The NCDRC said the force majeure explanation of the builder is incorrect and can be rejected.
“In the present complaint, delay in execution and delivery of the villas is evident from the facts on record. Plot No. E-70 was allotted on 7th August, 2014. Calculated period of 42 months (including grace period of 6 months) NCDRC said, “From this date of allotment expired on 7th August, 2018. There is no completion certificate or even offer on the date of possession. Therefore, the delay is excessive and the consumer cannot be expected to wait indefinitely.”
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