A bench of Justice V K Jain held that it is the fault of the builder for not getting occupation certificate on time as it is delayed because of some deviations/deficiencies in the project and the homebuyers could not be made to suffer. It said that a buyer is entitled to get the money back for unreasonable delay in getting OC after completion of the project.
In this case a couple had booked in February 2015 a residential vila in Supertech’s project “Up Country” in Yamuna Expressway Industrial Development Area near Greater Noida and had paid around Rs one crore. The company had assured to hand over the property within a month but failed to give possession in the next two years, compelling him to approach the tribunal in 2017 through his advocate Aditya Paroia for refund of the amount.
The company took the defence that construction of the villa got completed within a month after the consumer booked it but handing over possession was delayed because of not getting completion certificate. It said that construction of the project had been completed and it had submitted the completion drawings in February 2105 itself before the authority. It further contended that a part Occupancy Certificate was issued to the project but the said part did not cover the villa allotted to the complainant and it should be held liable to delay in handing over the villa.
The Commission, however, rejected it plea and directed the company to refund the entire amount to the buyer with compensation of 10% annual interest.
“If the Occupancy Certificate has not been granted to the opposite Party (Supertech) in respect of the villa allotted to the complainant despite the completion drawings having been submitted way back on February 15, 2015 as is stated by its counsel, the inevitable inference is that there are some deviations/deficiencies in the project on account of which the requisite Occupancy Certificate in respect of the allotted villa has not been issued. The complainants cannot be made to suffer for such an act of the company and cannot be made to wait indefinitely for the allotted villa,”it said.
“It shall refund the entire amount received from the allottees, on whose behalf this complaint continues, along with compensation, in the form of simple interest at 10% per annum to them from the date of each payment, till the date of refund. It shall pay a sum of Rs 25,000 as the cost of litigation to the complainant,” the commission said.
News credit : Indiatimes