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Unitech to reimburse rent to buyer for delay in giving flat
This is a news piece which I thought would encourage all Home-buyers who are aggrieved by the callus attitude of their respective Colonizer's. Please note that all big and small Colonizers have the same modus operandi, its now left to the Consumers to initiate action so that these real estate mal-practices come to an end.......
NEW DELHI: Realty major Unitech Ltd has been directed by the apex consumer commission to reimburse nearly Rs 14 lakh spent by a customer on rent after the flat for which he paid over Rs 1.37 crore in 2007 was not handed over to him till date.
The National Consumer Disputes Redressal Commission (NCDRC) also pulled up the real estate major and its top officials, Executive Chairman Ramesh Chandra and Managing Directors Sanjay Chandra and Ajay Chandra, saying "even after lapse of six years the flats are not ready".
"It is clear that the opposite parties (Unitech and its officials) want to have benefit of both the worlds. They have received the entire price of the apartment at the time of execution of the agreement. Even after the lapse of six years, the flats are not ready.
"The opposite parties have offered peanuts for delaying construction of work. They have to honour their commitment," a bench headed by Justice J M Malik said, giving six months time to Unitech to hand over the flat in one of its residential townships in Gurgaon to Sanjay Goyal.
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Among several others, the special law on flats/apartments mandates, -completion and handing over of possession after registration,of the 'unit' within the time limit as agreed,and do so after obtaining the essential 'completion certificate' from the local authority. Failure to comply is an 'offence' and entails all penal and other consequences.
ReplyDeleteIn the instant case, compensation has been awarded for reimbursing the rent cost buyer had to incur because of the delay. In such cases, party aggrieved will, in one’s perceptive view, have a very valid and legally sound ground to urge for compensation also for tax loss/loss of tax exemption if claimed but denied say, u/s 54, 54EC as a consequence of the delay in delivery as spoken of.
Initiation of legal action should be prudently timed having regard to the facts and circumstances based on which the cause of action can be rightly claimed to have arisen with certainty; not necessarily having to wait for the final stage of completion. To hint at, if completion is already delayed beyond the expiry of the statutory time limit for ‘purchase’ as per the tax law.
Yet another mandate of the law requires the promoter/seller to effect final conveyance of the entire property in land and building to the housing society or owners' association formed as envisaged. Failure to comply , it needs to be realized, will give rise to a separate but additional cause of action, with attendant consequences of its own.
The prevailing disparaging state of affairs impacting the gullible buyers for too long could be expected to be changed for better provided there is a grater awareness created sooner than later by one and all really concerned, particularly by social activists at large.