SC order a shot in the arm for harried homebuyers

LUCKNOW: A group of homebuyers in Lucknow got a shot in the arm in their long-drawn battle with a developer when the Supreme Court directed the realtor to pay Rs 1.50 lakh compensation and a hefty rent to flat owners for the seven-year delay in delivery of the project.

The order was passed last week by a bench headed by Chief Justice of India Dipak Misra, justice AM Khanwilkar and justice DY Chandrachud on a petition filed by a dozen homebuyers against Parsvnath Planet in Vibhuti Khand, Gomti Nagar.

The developer will have to pay Rs 15,000 and Rs 20,000 per month for three and four bed room flats respectively as penalty to homebuyers till January 2018, according to an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in the case in 2011, which was incorporated in its order by the SC. “We have been waging a relentless battle against the developer for about seven years now.

The apex court’s direction asking the realtor to pay ₹ 1.50 lakh towards cost to each homebuyer was the second and final order in our petition,” said Syed Ghufran Alvi, who spearheaded the campaign.

In 2017, the SC had directed the builder to give possession of habitable flats in two weeks and provide all assured amenities along with occupancy certificate in two months to these homebuyers, who had booked flats in the project in 2006 and promised possession within 36 months (2009).

“The fine was to be paid up to 2015, the deadline given by NCDRC to hand over the possession of flats. But the developer admitted before the apex court that possession was given to us on January 2018,” said Alvi, adding that the realtor would now have to cough up fine for three more years.

“We first filed a case against the builder in the consumer forum. We won the battle in 2011 when it imposed a heavy penalty on the developer for delay,” he said.

“We showed the photographs of the towers to the court in which we were allotted flats. They were not in a habitable state. The court then appointed a commission in 2017 to visit the project site and submit its report,” said Alvi.

Last week, when the matter came up again before the SC, the bench was informed that all deficiencies had been removed and possession of flats was given to the homebuyers whose grievances had been redressed.

“However, ML Lahoty, the counsel of the homebuyers, urged the court that his clients deserved a compensation for the hardships they faced,” said Alvi and added that the SC agreed.

Calls and text messages by Hindustan Times to Parsvanth Developer’s local office here remained unanswered.