Homebuyers can seek refund if flat delayed beyond 1 year: NCDRC
NEW DELHI: In a relief to lakhs of aggrieved homebuyers who are forced to wait for possession of their flats for years, the apex consumer commission has quantified a time period of one year for delayed projects beyond which investors can claim refund from builders.
Judicial forums, including Supreme Court and consumer courts, have repeatedly held that homebuyers cannot be made to wait indefinitely, but it was not clarified when refund can be claimed in case of delay.
Now, the National Consumer Disputes Redressal Commission has held that buyers can seek refund if possession is delayed by one year beyond the date promised by the builder. “It is now established that allottees have the right to ask for refund if possession is inordinately delayed, particularly beyond one year,” a bench of Prem Narain said.
The court passed the order on a plea by Delhi resident Shalabh Nigam, who in 2012 bought a flat in the luxury housing project, Greenopolis, in Gurgaon being developed by Orris Infrastructure and 3C company.
译文来源：三泰虎 http://www.santaihu.com/47652.html 译者：Jessica.Wu
Vinodanan • 18 hours ago
what is the use of redund with a mere 10% interest? one wont get another ready property with that money.
Vinodanan Muthamparambil • Universe • 17 hours ago
agree however consumer will at least able to claim refund now there is clarity in consumer protection.
Nitesh Kaushik • 17 hours ago
Good decision in favor of home Buyers. But inflation and other conditions should also be taken into account as mere 10% interest will not meet up the increase in price rise of the property in that area.
Nitesh Kaushik • australia • 2 hours ago
Demolish old fugly areas of india ciites and build new !!!
Pradeep Rai • 17 hours ago
Hope this enforced in letter and spirit!
Michael G • 4 hours ago
Thank BJP and Modi for bringing in RERA to help buyers from the torturous methods of builders.
Fakir • Rajendra Nagar • 10 hours ago
Make law to provide mandatory refund with interest, on day 366. Buyers should not be the ones to run around making claims.
Vijayakumar Bhosale • 3 hours ago
We need leader like Modi.
Anupam Pahuja • Bangalore • 16 mins ago
my flat stuck for 7 years and this is a good sign that at least something will be recovered while we fight to get better
Ash B • 3 hours ago
Think over it - successive Govts, no improvement in how builders treated buyers. 5 years of Modi and you get RERA. Give Modi another chance. I have a strong feelin that the next surgical strike will be on real estate
Bhom Banta • Bangalore • 15 mins ago
no chance of huge appreciation in property value.
Bhom Banta • 3 hours ago
It''s easier said than done.
Jaimin Patel • 5 hours ago
Now in New India of PM Modiji we can see all our hopes taking practical shapes.
Common • 15 hours ago
Courts are working with some honesty in Modi's time. Such decisions are distant dreams during cong ruling.
Indian • 18 hours ago
But who will ensure that the builder refunds the money??? Or would the buyer again have to approach the court for refund?
Saurabh Agrawal • 2 hours ago
Under BJP most the builders are facing so much of pressure that real buyer is not suffering.
Harsh • 2 hours ago
They can seek refund. They already seeking refunds in most of the cases since last three decades .But who will refund them?
Pankaj • 2 hours ago
Never buy any property under construction always buy ready to move even if you have to pay 10 lakh more atleast you will get the key instantly
Ramboji001 • 2 hours ago
Buyers can only ''SEEK REFUND''!!......Whether they will get it back or not is a different tangent
Rajendran Palanisamy • 3 hours ago
Well thought policy by the authorties. This will further prevent developer from misusing people money as well as develop the project on time. India is known for delay in project citing various reasons
Kvs • 4 hours ago
then the builder will purposely delay handing over of ready flat so he can sell it to others for higher price! best is to buy ready to move in flats.
Kvs Sarma • 2 hours ago
The more the builder delays the project, the more the construction costs goes up.
Nitish Sinha • Bangalore • 2 hours ago
This is rule is in favour of Builder. Build would be happy to use customers'' money to construct the building and will return it with just 10% interest . later he can sell ready to occupy flat with much higher rate.
Jasmeet Singh Walia • 2 hours ago
Nice decision. But entitled to claim redund, and getting a refund are still two different things.
Chennai • 3 hours ago
Good joke. From whom to seek refund.?
Those who don''t deliver the flat would have swindled or diverted all the money by then.
Since when the builder doesn''t deliver on time means he is up to something else.