NEW DELHI: NCDRC (National Consumer Disputes Redressal Commission) has ordered Orris Infrastructure to complete the construction work and handover the possession of a flat in its Greenopolis project by November 30, 2019 after obtaining occupancy certificate (OC).
The company has also been ordered by NCDRC to pay 6% per annum interest on the amount deposited by the buyer from the due date of possession till the actual date of possession.
The court said that if the possession is not delivered till November 30, 2019, the buyer shall be at liberty to take refund of the total deposited amount alongwith 10% per annum interest.
According to the plea filed by the home buyer, through its advocate Aditya Parolia, Nivedita Grover and Kumar Pradyuman, he booked an apartment in Greenopolis project situated in Sector 89, Gurugram in 2012. The builder promised to deliver the apartment in 42 months from the date of issuance of allotment letter.
The buyer made a payment of Rs 74.07 lakh till date but the project was halted in 2016. Buyer also claims that the builder also made changes in project layout.
Orris Infrastructure however stated that it is only the land owner and Three C Shelters is the developer. As per this development agreement, 35% units are to be sold by them and 65% units are to be sold by Three C Shelters. Hence, the project has been delayed by them and it is not responsible for paying any compensation.
It further said that it will complete the first phase of the project by March 31, 2019 and the second phase by December 12, 2019 and third phase by September 30, 2020 as per the discussion with Haryana RERA (H-RERA).
Three C Shelters, on the other hand stated that Orris is the owner of the project and has taken entire amount paid by the buyer. Hence, Orris Infrastructure is responsible for refund. It further argued that buyer has not paid any amount to them.
The court however said that both companies have not been able to complete the project in time. It was a joint project hence both is responsible for delay. However, as Three C Shelters has not received any amount of money from the buyer its joint liability cannot be considered in the present case.
NCDRC also noted that in the said H-RERA proceedings it was observed that the Oris Infrastructure and Three C Shelters have entered into an agreement without permission of the DTCP Haryana which may attract action against both of them. Even the EDC and IDC charges have not been paid to the competent authority by them.
Source: ET Realty
