The national consumer commission has ordered full refund of the amount paid by five flat buyers in a residential project in Gurugram and has instructed two Delhi-based builders to also pay 9% interest in addition for delay in giving possession of the properties.
The flat buyers had booked the properties in 2011 and 2012 in “RISE” project in Sector-37C in Gurugram, promoted by Ramprastha Promoters and Developers and Blue Bell Protech.
The promoters had promised to hand over the flats by September 2015 as per the agreement signed with the buyers.
Disposing of the five consumer complaints, which were filed in 2016, presiding member of NCDRC Justice Deepa Sharma ordered full repayment with interest to the buyers and also imposed litigation cost of Rs 25,000 in each case. The promoters have been directed to make the full payment in four weeks. There was no response from builders.
Justice Sharma also turned down the arguments of the builders that the project got delayed due to the High Court of Punjab and Haryana order putting a complete ban on the use of underground water for construction and that they were allowed only to use recycled water for construction. They had claimed that these circumstances were beyond their control and hence amounted to ‘force majeure’.
In her order, the NCDRC member said she had gone through the court order and the court had not put a complete ban on construction but had only put restrictions on use of underground water.
“Nothing has stopped the opposite parties from procuring water by some other methods to complete construction. This argument of the learned counsel has no merit and the delay in completion of the project cannot be contributed to the order of the High Court of Punjab and Haryana and it is not a reason for delay which was beyond the control of the opposite party,” the order said.
She also ruled that only a four months’ extension was permitted and hence, the promoters were bound under the said agreement to hand over the possession of the unit by September 2015, extendable by four months.