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In a giant reduction to homebuyers, the National Consumer Disputes Redressal Commission (NCDRC) has directed the Piyush IT Solutions Private Limited (Lotus Greens Group), personal developer, to complete building and provides possession in 12 months or refund homebuyers’ funding.
The transfer comes after a batch of 85 homebuyers demanded justice through a plea that had been filed in September 2019 earlier than NCDRC in Delhi. The Commission had disposed of 16 consumers’ instances out of 85 and the remaining instances will likely be heard in future. Buyers had booked residences in 2014 with an assurance of supply by December 2019 in this housing challenge, situated in Sector 79.
Buyers, nonetheless, filed instances after they realised that the developer – Lotus Greens – has stopped building for the previous a few years. It has accomplished solely 30-50% building of 9 towers, the alleged.
“The opposite party (Lotus Greens) shall complete the construction of the allotted flats in all respects, obtain the requisite occupancy certificate at its own cost and responsibility and then offer possession of the allotted flats to the concerned allottees within a maximum period of 12 months from today i.e. on or before 8.9.2021,” reads the order.
The Lotus Arena challenge is unfold over 12.5 acres alongside the Aqua Line metro and a part of Noida’s sports activities metropolis challenge. The developer had deliberate to construct 1,100 models in this challenge however failed to complete and ship as per the scheduled deadline, after which homebuyers moved NCDRC for reduction.
The NCRD’s presiding member VK Jain, in his order, additional mentioned, “If the opposite party (developer) fails to complete the construction, obtain the requisite occupancy certificate and then offer the possession of the flat, complete in all respects, it shall refund the entire amount received from the concerned allottee to him/them, within one month thereafter along-with compensation in the form of simple interest @ 9% p.a. from the date of each payment till the date of refund.”
HT tried to contact the developer however the latter didn’t reply to name or textual content for a touch upon the problem. HT additionally tried to achieve the developer’s advocate representing the agency in NCDRC however the counsel didn’t take the decision.
NCDRC additional mentioned, “If the opposite party delivers the possession to the complainants in terms of direction (i) above, it shall also pay to the concerned allottee compensation in the form of simple interest @ 6% p.a. from the committed date for delivery of possession till the date on which the possession in terms of direction (i) above is offered. The balance amount, if any, payable by the concerned allottee to the opposite party shall be adjusted out the compensation payable in terms of this order and the balance amount, if any, shall be paid by the concerned allottee within four weeks of the offer of possession in terms of direction (i) above. The opposite party shall also pay the cost of litigation quantified at Rs25,000/- in each case,” mentioned the order.
V Sharma, president of Lotus Arena consumers’ affiliation, mentioned that they welcome NCDRC’s order.
“I have invested my hard-earned savings to buy a 3BHK apartment in this project. But the developer not only failed to deliver but also stopped the construction and communication with buyers, forcing us to file a case in NCDRC for justice. Now we hope that we will get our apartments after a long wait,” Sharma.
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