Real estate major asked to refund Rs 40.9 L for delay

Real estate major Supertech Ltd has been asked to pay Rs 40.98 lakh to a homebuyer for delay in delivering possession of a flat in Greater Noida Extension with Delhi State Consumer Redressal Commission saying the firm "has to suffer" for its action "and no one else".
The consumer commission, while granting full refund of cost of the flat to complainant Aruna Nanda, who had purchased it in 2010 but did not get the possession due to constantly changing offers by the builder, said Supertech had "no right" to unilaterally change the flat, its size and price without the consent of the homebuyer.

"There is frequent change in the flat booked by complainant, area and cost of the flat. That too without the consent of the complainant. Supertech has no right to unilaterally change the number of the flat, size and price. While decreasing area, the builder enhanced the price...
"After considering the rival submission I feel that complainant cannot be forced to accept possession after about seven years. There is no fault on the part of complainant. If Supertech had not been able to complete its project within time stipulated, it has to suffer and none else," the bench presided by Member O P Gupta said.

According to complaint, Nanda had booked a 2,275 sq ft flat under welfare for defence personnel scheme in Supertech's project Eco village in Greater Noida Extension in April 2010.
The builders had promised to hand over possession of the flat within 18 months and allotted it for a consideration of Rs 39.52 lakh and later demanded Rs 1,45,954 more, it said.

However, on November 12, 2010, Supertech transferred booking to another flat in a project Eco-3 in Greater Noida and the consideration was increased to Rs 41.68 lakh. It again changed the flat with an enhanced consideration of Rs 42.79 lakh, it said, adding that the area of these flats was less than the originally allotted one.

On May 3, 2013, the firm again sent a letter providing alternative offer of a flat in Oxford Square, Greater Nodia, after which the complainant filed a complaint for restoration of original booking of flat in Eco-village in Greater Noida Extension and compensation of Rs 10 lakh for loss, mental agony and harassment and Rs 50,000 as litigation charges, till delivery of possession.
The builder had contended that it has invested lot of amount in the project and was not in a position to refund the amount due to slump in the market.
The commission, however, found Supertech deficient in service, saying "I find that Supertech is deficient in service. The complaint is allowed and Supertech is directed to refund Rs 40.98 lakh within three months.