NCDRC, has ordered realty major Godrej Projects to refund over Rs 4 crore to homebuyers in five separate cases for its failure to deliver its promises, which included a 24-metre-wide road and other essential amenities even seven years after making bookings. The homebuyers had booked flats in the ‘Godrej Summit’ project in Sector 104 in Gurgaon.
The National Consumer Disputes Redressal Commission (NCDRC) also directed the builder to pay 9% interest on the refund amount.
As per the orders, the NCDRC panel, led by presiding member Ram Surat Ram Maurya and member Bharat Kumar Pandya, held the builder accountable for “failing to deliver on its promises”, particularly the construction of a 24-metre-wide road and other essential amenities that the builder had promised.The bench observed that even after the offer of possession, seven years have expired, but the promised road has not been constructed on the spot. It said expensive flats were sold representing that the project is connected with Dwarka Expressway through the wide road. Separate entry and exit points were also promised for each of the three parcels — A, B and C — in the society.
“The homebuyers agreed for sale price on these prime features. Now the OP (builder) has constructed an alternative entrance and exit gate to parcel A on 10.06 meters wide revenue road, which too is under encroachments. In order to reach the flats in parcel B&C, the buyers will have to enter through the gate of parcel A and travel across the narrow road. Thus there is shortcoming in fulfilling the obligations as per brochure, which amounts to deficiency in services. The decision of the homebuyer seeking refund doesn’t amount to breach of contract on part of homebuyer,” the panel said in its order.
Despite the builder’s claims that it was actively working on the road’s construction and even filed a civil writ petition in Punjab and Haryana high court to push for the work completion, the NCDRC found these efforts insufficient.
The commission ruled that Godrej could not shirk its responsibility by shifting the blame to govt authorities, saying that “it was the builder’s duty to ensure the provision of the road as promised”.
A spokesperson for the developer said, “This refund has been ordered for non-construction of a 24-metre road, even though NCDRC in a previous order, for the same project, observed that the developer is not liable to construct the road falling outside the project. That matter is sub-judice. We are confident of our merits in the matter and are seeking advice for filing an appeal against the orders.”Advocate Aditya Parolia, who represented the homebuyers, said the Commission noted that the builder had assured buyers between 2012 and 2014 that the housing project would have a direct access road connecting to the Dwarka Expressway via a 24-metre-wide link. “We can see that though the units were ready on time, amenities promised and approach road to the project envisaged could not be provided even after a considerable time. In such a situation now the law is clear that an allottee can invoke his rights to claim refund of money with penal interest from such builders,” he added.
