‘Homebuyers Can Move NCDRC Against Builders Via Associations’
New Delhi: In a ruling that would help reduce multiplicity of cases for state and national consumer forums, the Supreme Court has said homebuyers have every right to file complaints against builders in National Consumer Disputes Redressal Commission (NCDRC) through associations.
Dismissing multiple appeals by an Amrapali Group firm challenging the right of a registered consumer association to file a complaint in NCDRC on behalf of multiple buyers of Amrapali Sapphire project in Noida, the apex court observed that it is the grievances of homebuyers that needs to be looked into. “The apex court remarked that Amrapali has taken money from buyers and neither given them possession nor is refunding their money,” said Sahil Sethi, senior associate at Saikrishna & Associates, which represented Amrapali Sapphire Flat Buyers Welfare Association.
Rakesh Kumar, advocate representing Amrapali Sapphire Developers, confirmed that the Supreme Court dismissed its appeals. “We will be continuing the proceedings in NCDRC,” he said.
In 2016, 100 buyers of Amrapali Sapphire filed a complaint before NCDRC. Amrapali in its response said in order to file a complaint under the Consumer Protection Act,1986 an association should receive recognition from the Bureau of India Standards.
Amrapali further challenged the complaint on the ground that the apartments in the project were priced lesser than .₹ 1 crore, which is the pecuniary jurisdiction of the national commission. It contested that the complaint should be filed before the state commission in Lucknow.