NCDRC directs developer to refund Rs. 50.94 lakhs to homebuyer

A homebuyer who had booked an apartment in a Gurugram project by Ansal Phalak Infrastructure in 2014 has not been received it till date. He was promised that it would be delivered within 36 months.

The National Consumer Redressal Commission (NCDRC) has ordered the developer Ansal Phalak Infrastructure to refund the entire amount of Rs 50.94 lakh along with interest of 12 percent to the homebuyer. The NCDRC has given the developer 6 given six weeks to pay the amount.

The project is registered under Real Estate (Regulation and Development) Act, 2018. The developer claims that he was ready to commence the construction on site and as a goodwill gesture ready to offer the complainant some alternative property in Gurgaon as per the available inventory. The developer claimed that the delay in construction was because of the requisite plans and approvals from the concerned authorities were awaited. However, there was no written communication to the buyer to this effect.

The order relied on Pioneer Urban Land & Infrastructure Ltd. Vs. Govindan Raghavan, where it has been held that the buyer should not wait for an indefinite period and, therefore, he is entitled for refund of the amount deposited by him with interest.

The NCDRC order stated that while arriving at this conclusion, the NCDRC had followed the principles of 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.