Real estate developer Supertech has been asked to refund Rs 1 crore with 10 per cent annual interest to homebuyers by the consumer commission for failing to hand over possession of a villa in the company's project, Up Country in Yamuna Expressway Industrial Development Area. The commission said that the homebuyers cannot be made to suffer for the delay of possession even if the villa was ready.
A couple had booked a residential villa in Supertech's Up Country project in February 2015 and had paid around Rs 1 crore. The company had assured possession within a month but failed to do so in the next two years. The couple then approached the tribunal in 2017 through their advocate for a refund of the entire amount.
Supertech took the defence that the construction was completed within the stipulated time but handing over possession was delayed due to non-completion of the certificate. It added that construction was completed and the drawings were submitted in February 2015 itself. The company also said that a part Occupancy Certificate was issued to the project but the said part did not include the villa the complainants had booked.
The commission rejected the plea and asked the company to refund Rs 1 crore to the couple, along with the 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," said the commission, as mentioned in a report in Times of India.
The commission ordered Supertech to repay the couple, along with compensation in the form of 10 per cent interest per annum from the date of each payment till the date of refund as well as a sum of Rs 25,000 as cost of litigation.
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