Apex consumer commission NCDRC has asked a Delhi-based real estate firm to refund Rs 18.29 crore to 30 homebuyers, along with interest and litigation cost, for failing to handover the possession on time, saying they cannot be made to wait indefinitely.
The National Consumer Disputes Redressal Commission has directed Today Homes & Infrastructure to refund the entire principal amount taken from the 30 homebuyers, who had booked flats in its 'Canary Greens' residential project in Gurgaon.
The commission asked the real estate company to pay 12 per cent interest on the principal amount given by respective buyers from the date of payment.
The forum also granted Rs 25,000 as litigation cost to each of them within four weeks.
"The complainant cannot be made to wait indefinitely for possession of the unit, as the construction is yet to be completed. Therefore, we are of the considered view that the complainant is entitled for refund of the principal amount with reasonable interest," said NCDRC president R K Agrawal and member M Shreesha.
The commission granted 12 per cent interest to the homebuyers after noting that most of them had taken housing loans and were paying EMIs with interest rates ranging from 10.25 to 12 per cent and could not "enjoy the fruit of owning a home".
The homebuyers moved the NCDRC after the real estate firm failed to handover the possession of flats which they had booked in Today Homes Infrastructure's project which was to be developed in Sector-73, Gurgaon, Haryana.
The allotments to the complainants were made on different dates in 2011 and 2012. According to the allotment letters issued to them, the possession was to be delivered to the allottees within 36 months, with a grace period of six months.
The complainants alleged that they were not offered possession despite having made substantial payment to the firm.
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