Holding that flat owners cannot be forced to remain in limbo and to wait indefinitely due to litigation, a bench headed by Chief Justice R M Lodha also directed the company to pay compound interest at the rate of 14 per cent per annum to allottees by the end of October.
It turned down the plea of Supertech which contended that it is not in a position to pay back the money as the interest part has grown more than the principal. The flats are at the outskirts of the national capital and its price ranges from 65-90 lakhs.
There are around 53 allottees out of around 600 who had sought refund of their amount after HC order. The towers, Apex and Ceyane, have 857 apartments in total out of which about 600 flats have already been sold.
"It is your obligation to give flats with clear title but the High Court directed you to demolish the buildings. They cannot remain in limbo. They cannot remain out of shelter. You cannot say no. Shelter is their ultimate ambition in life," it said, adding, "They have not purchased litigation but flats. So you refund the money. Everything can't be allowed to be flouted."
"Their ambition has collapsed but you should not collapse. So you pay the principle amount now and we will give you time to pay the interest," it said while granting two more months to the company to pay interest.
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