Noida | 28 Jul, 2018 (9 months, 3 weeks ago)

General Advice

How to get the money from Builder if full refund orders are in place ?

I booked a flat in November 2011 in Today Homes Ridge Residency project of TODAY HOMES INFRASTRUCTURE PVT LTD in Noida Sector 135 under the down payment plan. The builder assured us that the flat will be delivered in 30 months from the date of booking which in writing in Builder – Buyer Agreement, tentatively by December 2014. After builder failed to deliver the flat within the said period, I submitted my complaint to UP RERA in December 2017. In the last hearing builder's advocate told the UP RERA court that they will deliver the project in July 2019. But to my knowledge and past experience they cannot complete it and deliver it by that time. Therefore, I asked for full refund to the bench, against which the UP RERA authority said that, "If they are giving you the Flat then take the flat because even if we give the full refund orders they will not give you the money". This statement shook my head that how an authority which was established to take care of buyer's interest can state like this. Then I asked to give me some time so that we can think over it. I am in big surprise and dilemma. Please suggest on how to proceed further, Wait for Flat or get full refund orders ?
Answers
30 Jul, 2018 | 18:52

As per law laid down by the Supreme Court and the National Consumer Dispute Resolution Commission (NCDRC), you are under no obligation to accept possession of the flat beyond the stipulated time period and can ask for full refund alongwith interest and compensation. This is settled law and UP Rera cannot compel you to take possession. You can refer to the following cases in your support:-

1. Emaar MGF Ltd v. Dilshad Gill (2015) CPJ 329 (NC) by the National Consumer Commission
2. Emaar MGF Land Ltd v. Dr. Manuj Chhabra, FA No. 1028 of 2015 decided on 19-04-2016 by the National Consumer Commission

Alternatively, you can also withdraw your complaint by making the said request - "Withdraw with liberty to file afresh before appropriate forum". Once you have withdrawn the case, you can file a fresh consumer complaint before the State Commission or the National Commission, depending upon the value of your property, for refund alongwith interest and compensation.


Asker 13 Aug, 2018 | 13:46

Thank you Jasneet for your response !! What if I continue with RERA and RERA orders the refund let say with 10% interest only. In that case, what options I have to get the money.. Also, if builder goes to high court against the order what option I should consider. I seek your help on these details.. Thank you !!

Jasneet Kaur 15 Aug, 2018 | 22:42

In case you get a favourable order from RERA but the builder fails to comply with it, you can file an application for enforcement / execution with RERA itself, who have the power to compel the builder to comply with their own orders. Secondly, I believe that the UP Rera Appellate Body has been constituted and hence, the appeal would first lie to the appellate tribunal and thereafter to the High Court. In case, an appeal is filed by the builder, you would have to represent your case there as well.

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