The Sahara Group company has been directed by the National Consumer Dispute Redressal Commision(NCDRC) to pay Rs. 1.43 crores to the homebuyers for delay in delivery of possession in a project near Nagpur.
The NCDRC held Sahara Prime City Ltd (SPCL) deficient in rendering services to the complainant Sadhana a native of Maharashtra, who failed to get possession of the bungalow in the ‘Sahara City Homes’ project despite paying the full amount.
“There is no evidence of the possession having been delayed on account of reasons and circumstances beyond the control of the developer (SPCL). Therefore, the developer is clearly deficient in rendering services to the complainants by not offering possession of the bungalow.”
“The complainants cannot be compelled to wait any more for possession of the said bungalow and are entitled to seek refund of the amount paid by them to SPCL, along with appropriate compensation,” the NCDRC bench presided by Justice V K Jain said.
The complaint filed by Sadhana stated that she had booked a residential bungalow in the Nagpur-based housing project of Sahara for a payment of Rs1,43,56,000 and an allotment letter was issued by the firm on 2 March, 2009.As per the letter, the possession of the bungalow was to be delivered within 38 months from the date of allotment that was by 2 May, 2012. However, the firm not only failed to hand over the possession but could not even complete the construction.
The NCDRC in its order noted that the Sahara firm did not file any reply within 45 days from the date on which they were served notice because of which their right to file a written reply was closed. The commission also directed the firm to pay Rs10,000 as litigation cost to the complainant.