The National Consumer Disputes Redressal Commission (NCDRC) has ordered a Delhi-based builder, Almond Infrabuild Ltd, to refund Rs 1.4 crore with 12% interest to a homebuyer, Rameswar Dayal Gupta, for offering possession of an incomplete flat one year after the promised date. Gupta signed an Apartment Buyer’s Agreement (ABA) with Almond Infrabuild on October 29, 2013, and made an initial payment of Rs 16.4 lakh. Despite assurances that possession would be granted by April 2017, the builder failed to meet the deadline. By August 23, 2014, Gupta had paid Rs 48.6 lakh but discovered a high-tension line passing through the tower of his booked flat, which the builder had assured would be laid underground.

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After the line was not moved, Gupta demanded a refund. The builder proposed an alternative flat in a new tower, signing a new ABA in February 2015 and promising handover by August 2018. Again, the builder failed to meet this deadline, leading Gupta to purchase a flat in Bangalore. In August 2019, Almond Infrabuild offered possession of the incomplete flat, demanding an additional Rs 18.3 lakh, which Gupta refused, seeking a refund instead.

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The NCDRC rejected the builder’s arguments against Gupta’s claims, asserting that an aggrieved buyer can seek a full refund with 12% interest and terminate the contract in case of possession delay as per the ABA. The commission ordered the builder to refund the entire principal amount of Rs 1.4 crore to Gupta, along with 12% interest and Rs 25,000 as litigation costs. The refund is to be used first to repay any outstanding bank loans.

Supreme Court has already cleared in plethora of judgments that mere offering possession to homebuyer would not disentitle the consumer from claiming interest or possession from builder.

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Court has dismissed the argument of builder entirely that refund is not made out once the possession is offered by builder. It is always a matter of fact to be examined by the court authorities.

The best advice would be to serve a Legal Notice to Builder once he misses the deadline expressing your intention to withdraw from the project. This would definitely protect your interest rather than sleeping over your right.

Both RERA and Consumer Court allow homebuyer to withdraw from the project.

The rate of interest for compensation/relief would vary from somewhere between 9-12% and completely at the discretion of the court which will further require consideration.

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So don’t wait till the end. Consult Best RERA Lawyer Advocate Chandigarh Panchkula Mohali Zirakpur for your case and get the relief.

For case specific advice, please book here and call 99888-17966.