Generally we come across advertisements inserted by realtors asking people to hurry up to book a flat in their venture to avoid disappointment as the area of the venture is soon going to have metro rail connectivity or the region is going to be benefited by government drinking water scheme. Here after, builder making such announcements should tread caution. In case the promised project did not realize by the time the project is completed, the builder is liable to return the money of buyer of a flat or home without fail. The National Consumer Disputes Redressal Commission has made it clear in this regard. In spite of the government agencies cause delay in execution of the promised development work, the purchaser of property would have the right to withdraw his or her investments from the project. Therefore, the builder is liable to return the money invested by them.
In 2015, a person booked a flat in Godrej Summit Housing project and paid Rs 51.36 lakh for the purpose. In 2017, the builder obtained the occupation certificate and handed over the flat to the buyer. But, the buyer refused to take the flat as the builder failed to provide the promised amenities. The company cancelled his allotment letter and did not return the money to the buyer, forcing him to move the National Consumer Disputes Redressal Commission.
The buyer contended that the builder promised that government is developing a 24-meter road to connect the project to Dwaraka Express High Way, but it did not happen. Similarly, the builder failed to keep up his promises on water and power supply. However, the builder replied that the firm has nothing to do with the developments beyond his project and put the ball in government officials’ court. The builder claimed that the firm is in no way liable to the delay caused by government in providing these amenities. But, the commission observed that the consumer is drawn to the project attracted by the offers made in the advertisements. Therefore, the builder is liable to return the investment of the buyer without fail.
