News: NCDRC orders Supertech to refund buyers' money with 12% interest-14-08-2019
Updated On: August 14, 2019
The order comes after a home buyer, represented by advocate Aditya Parolia, pleaded that the builder has failed to deliver the project Supertech Hues.
NEW DELHI: The National Consumer Disputes Redressal Commission (NCDRC) on Tuesday ordered Supertech to pay Rs 68.03 lakh along with 12% interest per annum to a homebuyer. The court had reserved its order on July 29, 2019 which was pronounced yesterday.
The interest is to be paid from the date of respective payments till realization, within a period of six weeks from the date of the order.
The order comes after a home buyer, represented by advocate Aditya Parolia, pleaded that the builder has failed to deliver the project Supertech Hues.
According to the plea, the buyer had booked a property on June 6, 2014 and the possession was to be given by October 2017. However, the apartment has not been handed over till date. The buyer asked for refund along with compensation which was rejected by the builder.
Supertech however argued that the buyer did not adhere to the payment schedule and was liable to pay interest amounting to Rs 1.23 lakh. Also, due to unavoidable force majeure conditions, the construction of the project and possession got delayed beyond the period stipulated in the said agreement. The construction at the site is going on at full swing and the possession would be provided to the respective allottees very soon in the near future. Hence, the buyer's plea be dismissed.
The court however dismissed Supertech's plea and said, "While arriving at this conclusion, we have also kept in mind the principles of restitutio in integrum, which provides for restoration of an affected party to the situation which would have prevailed had no wrong or injury been sustained."
