In a significant development, the Delhi High Court has directed the National Buildings Construction Corporation (NBCC) to refund over Rs 76 lakh along with interest to a homebuyer who had purchased a flat in the 'NBCC Green View Apartments' project launched in Gurugram in 2012. The court also awarded a compensation of Rs 5 lakh to the petitioner for the extreme mental agony caused due to the failure of NBCC to deliver possession of the flat.
Justice Subramonium Prasad, presiding over the case, emphasized the gravity of purchasing a house, highlighting it as one of the most substantial investments in an individual or a family's lifetime. He underscored that such transactions involve years of savings, meticulous planning, and emotional investment, making it imperative to compensate wronged homebuyers not only to rectify past injustices but also to deter future misconduct.
The petitioner, a retired government employee, recounted his ordeal stating that despite paying the entire sale price of over Rs 76 lakh in 2017, he never received possession of the unit. The court noted the petitioner's deprivation of funds for the past decade, stressing that the construction of structurally defective houses had left him in a precarious situation.
The court lambasted NBCC for its reluctance to pay interest on the amount and ensure the petitioner's rehabilitation, terming its offer to only return the principal amount as inadequate. It ordered NBCC to refund the entire amount along with interest at a rate of 12% from January 30, 2021, within six weeks.
NBCC, in its defense, accused the petitioner of "forum shopping," citing previous approaches to fora under the RERA Act and the Consumer Protection Act. However, the court dismissed this argument, attributing the petitioner's actions to desperation, frustration, and lack of legal knowledge.
The ruling emphasized the financial strain faced by homebuyers when builders fail to fulfill their promises, highlighting the emotional toll of uncertainty and instability. It underscored the importance of compensating affected homebuyers not only for justice but also to prevent future misconduct in the real estate sector.
The judgment serves as a stark reminder to developers to uphold their commitments and prioritize the welfare of homebuyers, underscoring the judiciary's commitment to protecting consumers' rights in the real estate market.
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