The National Consumer Disputes Redressal Commission (NCDRC) has penalised real estate developer Raheja and have ordered refund along with interest for delaying its project ‘Revanta’ at Sector 78, Gurgaon.
The order came on the complaint of 30 homebuyers who had sought relief from commission.
“The opposite party (Raheja developers) is directed to refund the entire amount deposited by the respective complainants along with delay compensation at 9% per annum on the deposited amount from the respective dates of deposits till realization, within a period of two months of this order. Any delay beyond two months, will attract an interest rate of 12% per annum for the same period,” NCDRC said in the order.
According to homebuyers the project is already delayed by 4-5 years and at the pace construction is on, it will take another four years to complete it.
“Haryana RERA has issued notices to Raheja for not updating quarterly progress report and changing the bank account of the project. The developer also has to pay Rs 354 crore to DTCP as it has defaulted on EDC (external development charges). About Rs 20 crore of it is for Revanta project,” said Arjun Singh Punia, a homebuyer.
The commission has ordered in three parts since consumers had sought different relief.
“Such orders bring out helplessness of the distressed homebuyers who have not received deliveries of their homes even 10 years after making the bookings . Units which were to be delivered in 2016 are far from completion and for years builder has not made any attempts to even complete it,” said Aditya Parolia, partner at PSP Legal.
“This is despite the fact that 90 % payment has been made to the builder. During the hearing of this case also repeated attempts were being made by the builder to delay the case, threaten the buyers or even influence tribunal( a bench had to recuse because of the same). Yet the Commission stayed determined to deliver justice to these innocent buyers,” said Parolia.
Raheja is planning to move the High Court against the order.
“We have already paid Rs 51 crore EDC and Rs 21 crore IDC but the external infrastructure is yet not complete. In such situation, we cannot risk lives of homebuyers by giving them possession,” the company said in a statement.
“The project is almost ready and we request state government to complete the infrastructure so that possession can be given. At the time of selling the flats, it was part of the application form and the agreement as abundant precaution to customers that the project will be delivered only after the government has provided external infrastructure such as road, water supply, sewerage lines etc and buyers are aware of this clause,” the company spokesperson said.
“This is tallest tower of Gurgaon and Haryana which is over 60 floors high and we cannot risk the lives of our customers by giving possessions without basic Govt Infrastructure. We request the Government to expedite infrastructure so our customers do not suffer delay in delivery,” company said.
The commission has also directed the builder to complete the construction of the unit allotted to sone of the complainants in all respects, duly obtaining the requisite Occupancy Certificate at its own cost and responsibility and offer and give possession within three months of this order alongwith delay compensation at 8% per annum from the proposed date of possession as per the respective agreements which will include the grace period, till the offer of possession or obtaining Occupancy Certificate whichever is later.
“If the opposite party fails to deliver the possession of the unit within three months, it shall refund the deposited amount within four weeks after end of two months with delay compensation at 9% simple interest per annum from the respective, dates of deposits till realization. Any delay beyond October, 2022 will attract an interest 12% for the same period,” the order reads.
