NCDRC asks Thane builder to return money
to buyer along with interest
The National Commission for Consumer Disputes’ Redressal has held the arguments put forward by a real estate developer blaming the delay in handing over flats to the buyers to the delay in securing approvals from authorities concerned are not maintainable. “Delay in securing approvals is not unusual. Therefore, builders cannot derive any benefit out of it. The commission finds no other reason for the delay,” it said quashing the petition of the builder.
The builder should pay compensation along with 9% interest to the buyers for the delay in construction of the flats. Therefore, the builder was asked to pay Anuj and Somara Biswas a sum of Rs 1.17 crore along with Rs 63 lakh towards interest. The commission has directed Capstone Constructions Private Limited in this regard.
The couple Anuj and Somara Biswas booked a 750 sft flat in 12th floor of the Rustomjee Urbania Azziano project launched by Capstone in Thane in 2013. The couple paid 90 per cent of the cost of the flat through bank loan and other methods. As per the agreement, the builder was supposed to hand over the flat by December 31, 2015. The builder is allowed a six months grace period to complete and handover the flat. But the builder handed over the flat in December 2016, one year behind the schedule. The couple did not approve of the delay and asked the builder to return their investment along with interest. But, the builder refused, leading to a couple approaching the NCDRC.
