In a big relief to homebuyers, the National Consumer Disputes Redressal Commission (NCDRC) has directed the Piyush IT Solutions Private Limited (Lotus Greens Group), private developer, to finish construction and give possession in 12 months or refund homebuyers’ investment.
The move comes after a batch of 85 homebuyers demanded justice via a plea that had been filed in September 2019 before NCDRC in Delhi. The Commission had disposed of 16 buyers’ cases out of 85 and the remaining cases will be heard in future. Buyers had booked apartments in 2014 with an assurance of delivery by December 2019 in this housing project, located in Sector 79.
Buyers, however, filed cases after they realised that the developer – Lotus Greens – has stopped construction for the past many years. It has completed only 30-50% construction of nine towers, the alleged.
“The opposite party (Lotus Greens) shall complete the construction of the allotted flats in all respects, obtain the requisite occupancy certificate at its own cost and responsibility and then offer possession of the allotted flats to the concerned allottees within a maximum period of 12 months from today i.e. on or before 8.9.2021,” reads the order.
The Lotus Arena project is spread over 12.5 acres along the Aqua Line metro and part of Noida’s sports city project. The developer had planned to build 1,100 units in this project but failed to finish and deliver as per the scheduled deadline, after which homebuyers moved NCDRC for relief.
The NCRD’s presiding member VK Jain, in his order, further said, “If the opposite party (developer) fails to complete the construction, obtain the requisite occupancy certificate and then offer the possession of the flat, complete in all respects, it shall refund the entire amount received from the concerned allottee to him/them, within one month thereafter along-with compensation in the form of simple interest @ 9% p.a. from the date of each payment till the date of refund.”
HT tried to contact the developer but the latter did not respond to call or text for a comment on the issue. HT also tried to reach the developer’s advocate representing the firm in NCDRC but the counsel did not take the call.
NCDRC further said, “If the opposite party delivers the possession to the complainants in terms of direction (i) above, it shall also pay to the concerned allottee compensation in the form of simple interest @ 6% p.a. from the committed date for delivery of possession till the date on which the possession in terms of direction (i) above is offered. The balance amount, if any, payable by the concerned allottee to the opposite party shall be adjusted out the compensation payable in terms of this order and the balance amount, if any, shall be paid by the concerned allottee within four weeks of the offer of possession in terms of direction (i) above. The opposite party shall also pay the cost of litigation quantified at Rs25,000/- in each case,” said the order.
V Sharma, president of Lotus Arena buyers’ association, said that they welcome NCDRC’s order.
“I have invested my hard-earned savings to buy a 3BHK apartment in this project. But the developer not only failed to deliver but also stopped the construction and communication with buyers, forcing us to file a case in NCDRC for justice. Now we hope that we will get our apartments after a long wait,” Sharma.