symbolic pictureNew Delhi
According to the agreement with the builder company, the buyer has been ordered to refund the money due to not getting possession of the flat within the stipulated time. The National Consumer Forum said that Byers cannot wait for possession of the flat indefinitely, while he has made full amount payment according to demand. The Consumer Forum said that the buyers have the right to get the refund and also be compensated in this regard.
The reason for the delay in the possession of a project flat located in Sector-78, Noida, was approached by the Buyers at the National Consumer Forum for refund. The court has asked the developers to refund the amount of the buyers and pay 12% as compensation. About 40 buyers filed an application in the National Consumer Forum complaining that they had booked flats in a project in Noida Sector-78. Due to non-receipt of flat on time, pleaded for refund and compensation.
A separate application in the case was filed in the National Consumer Forum. In this, the complainant said that he booked the flat and the possession of the flat was not given on time and he needed refund and compensation. They should have got possession of the flat by 31 December 2016. In the case presented in the Consumer Forum, the consumer court referred to the case of a buyer.
'Number of flats increased from 570 to 718'
Bayer said that he had booked the flat on 31 July 2013 by paying Rs 10 lakh. Payment started according to demand. The flat buyer alleges that the builder demanded without construction and continued to receive money. This project was a luxury project and there was a sensation plan accordingly, but later the builder revised the plan and increased the number of flats from 570 to 718. Due to the layout change of the builder, the road had to be compromised and commercial shops also led to a road block. Due to these reasons, the price of the flat also decreased.
The National Consumer Forum stated in its order that the developers had to give possession of the flat by 31 December 2016, but it has failed. In such a situation, the complaining buyers cannot wait for long and they are entitled to refund. The consumer court directed developers Messrs Nexgen Infracon Pvt Ltd to refund the amount to the complainant buyers and pay 12% of the compensation amount. This amount is not interest, so do not deduct tax on it.
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