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The Builders Can’t Make The Purchasers Of The Flats For An Unreasonable Time Period, Reaffirms NCDRC

Courtesy/By: Mariya Paliwala | 01 May 2019

The NCDRC relying on the decision of SC in the case of Kolkata West International city Pvt. Ltd. v. Devasis Rudra where it was observed that the flat purchaser cannot be made to wait for an unreasonable period of time, hoping to seek possession.

This observation is reaffirmed by the National Consumer Dispute Redressal Commission (NCDRC) in the case of Prakash Vishvanath Tiwari v. M/s Monarch and Qurwshi Builders & 2 ords., wherein the commission directed the other opposition parties to pay Rs. 1,22,92,000 (which is the market value of the property, along with the interest @12% per annum from March 2013, till the date of realization of the complainant.

The commission also directed the builder to pay Rs. 2,00,000 for the mental agony suffered by him, as he was unable to realize his dreams and hope for having the apartment together.

It was further stated by the commission that the opposite party have violated Section 8 of the Maharashtra Ownership Flat Act, 1963 as the possession of the flat was delayed for 7 years and has also violated Section 10 of MOFA as they have neglected to form and register the co-operative housing society and have also violated Section 11 of MOFA as they have yet to convey the title which is not conveyed as per the agreement.

Courtesy/By: Mariya Paliwala | 01 May 2019