‘Home­buy­ers Can Move NCDRC Against Builders Via As­so­ci­a­tions’

The Economic Times - - Companies: Pursuit Of Profit - Sanu.Sandilya


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.

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