Delhi High Court orders NBCC to reimburse the homeowner ₹76L for failure to provide a flat in Gurugram
By Bricksnwall | 2024-05-10
This ruling came in an instance where the NBCC failed to provide
possession of an apartment to a homebuyer located at NBCC Green View Apartments
in Gurugram.
The Delhi High Court ordered the National Buildings Construction
Corporation (NBCC) to refund over ₹76 lahks to a flat owner and pay him ₹5
lahks for "extreme mental agony" caused by a delay in handover,
emphasizing the importance of home ownership as a significant financial and
emotional investment for families.
This decision comes in a situation where the NBCC failed to give a
homeowner possession of a flat despite full payment being made in 2017. The
NBCC Green View Apartments project was planned for Gurugram's Sector 37. The
apartments were particularly reserved for government employees.
Buying a house is one of the most significant expenditures a person or
family can make in their lifetime. It frequently requires years of saving,
meticulous preparation, and emotional investment. When builders of such homes
fail to deliver on their promises, they shatter homebuyers' trust and financial
security, putting them in a position where they may face immense stress,
anxiety, and uncertainty, ultimately forcing them to navigate legal channels
for seeking redress," said Justice Subramonium Prasad.
In the decision issued on Wednesday, the judge ruled that the emotional
toll of living in limbo, worry about the future of homeowners' investments, and
the stability of their living arrangements cannot be overstated. Justice Prasad
stated that compensating harmed homebuyers not only corrects past errors but
also serves as a deterrence to future misbehavior.
The retired government employee booked the property on June 23, 2012,
with a deposit of ₹2.08 lakh. The flat cost ₹76,85,576, paid in 2017. He filed
a complaint with the High Court, claiming that NBCC failed to deliver the flat
in NBCC Green View Apartments despite full payment. His petition emphasized
NBCC's inability, even six years later, in 2023, to deliver the apartment, give
an alternative, or refund the entire price, leaving him without housing and
life savings.
The NBCC, represented by senior attorney Arvind Minocha, challenged the
motion on the grounds that the petitioner had sought similar remedies from
several fora.
The bench, however, deemed the NBCC's position "unfortunate,"
noting that the NBCC is a public sector enterprise (PSU) under the Ministry of
Housing and Urban Affairs. Justice Prasad stated that a hapless homeowner who
has invested their life savings in acquiring a home has no choice but to battle
for justice, despite financial restrictions and uncertainties about
post-retirement housing.
Such a person faces a financial crunch to ensure his children's proper education, and in such a situation, he has no choice but to knock on the doors of various forums in the hope of receiving relief, and the state's contention that the person is guilty of forum shopping cannot be accepted," the court said.
Source: Hindustan Times
