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Court blames for not providing luxury amenities

  • SC bench directs its ire on the promoter of luxury residential project
  • The promoter directed to return investment with interest

The Supreme Court directed its ire on Ireo Private Limited – the promoter of Sky On project in Gurugram for posing problems to the customers by not providing the promised amenities in its luxury homes project. The apex court described the promoters as dreams merchants who failed to fulfil their promise to customers. The court ordered the promoters to return the amount paid by the customers with 10.5 per cent, upholding the decision of the consumer court.

The promoters promised Italian marble flooring, golf course view and other luxury amenities to customers. As the promoter failed to provide the amenities it should return their full amount with interest, the SC Bench ruled. The Sky On project was located on Golf Course Extension Road in Gurugram. The flats remained incomplete for years altogether and the promised amenities not provided. Therefore, some flat buyers approached the promoters to return the amount paid by them. The promoter offered to return the amount by reducing 20 per cent of the amount. Objecting to it, the buyers approached consumer court, which ordered return of their money with 10.5 percent.

The promoter approached the Supreme Court. A Bench comprising Justice DY Chandrachud, Justice Bela M Trivedi heard the petition and breathed fire on the promoters. The judges remarked, “You are the merchants of dreams and you have failed to provide the promised amenities. Therefore the customers are entitled to get back their investment with interest.”

Counsel representing the buyers told the Bench that Ireo sold properties at Rs 11,600 per sft, over and above the prevailing market price of Rs 6500 per sft in the region, promising luxury amenities to customers. The promoter attracted the customers claiming falsely that their project has all the luxury amenities, but failed to provide the promised amenities. Upholding the consumer court verdict, the SC Bench ordered return of the investment along with 10.5 per cent to the buyers.

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