NEW DELHI: The National Consumer Redressal Commission (NCDRC) has ordered Ansal Phalak Infrastructure to refund Rs 50.94 lakh along with 12% interest per annum from the date of respective deposits till realisation.
The home buyer, through his advocates Aditya Parolia, Zahid Hussain and Harshita Chauhan, pleaded that the builder has failed to give possession for an agreement signed in 2014.
According to the plea, he booked a flat in Avante Floors, Versalia in 2014 which was to be delivered within 36 months, along with an extended period of 6 months. The project is yet to be delivered.
Ansal Phalak Infrastructure however said that the buyer has signed the agreement only after understanding the terms and conditions thereof and the rights and obligations arising therefrom. The agreed time period for handing over possession subject to receipt of requisite plans/approvals/ permissions from the concerned authorities as well as force majeure conditions, as defined in the agreement.
However, the court rejected builder’s plea saying that the developer ought to have informed the buyers before booking that it is yet to apply for the said approvals or that though it had applied but the same had not been granted to it by the said time.
“..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,” said the court.
The builder has been given six weeks to refund home buyer’s money.