Homebuyer in Gurgaon Seeks Refund After Decade-Long Wait for Flat Possession
A homebuyer in Gurgaon has won a legal battle after waiting over a decade for possession of his apartment, which he purchased for approximately Rs 1.73 crore. The builder failed to complete the construction, prompting the buyer to seek legal recourse after seven years of delays. The Haryana Consumer Disputes Redressal Commission ruled in favor of the buyer, citing deficiencies in service and unfair trade practices by the builder.
Details of the Purchase
The buyer booked a 2,600 sq ft apartment in a project located in Sector 83, Gurgaon, in 2012. He was promised possession within three years, but the builder did not deliver. The basic sale price was set at Rs 6,428.50 per sq ft, totaling Rs 1.67 crore, with additional charges bringing the total payment to Rs 1,72,93,048.76. After years of waiting, the buyer first approached the National Company Law Tribunal (NCLT) in Chandigarh and later escalated the matter to the Haryana Consumer Disputes Redressal Commission.
In his complaint, the buyer accused the builder of negligence and lethargy, which led to the incomplete construction. He sought a refund of his payments along with interest, having made formal requests to the developer in 2018 and 2019. The builder countered by claiming that the buyer intended to profit from the investment and alleged that he had delayed payments, which the buyer denied.
Commission’s Ruling
The commission found the builder guilty of poor service and unfair practices. It ordered the developer to refund the buyer’s deposit with 12% interest from the dates of payment until the amount is realized. Additionally, the commission awarded Rs 3 lakh for mental harassment and Rs 1 lakh for litigation costs.
Gaurav Singh, Counsel at Clavius Legal, noted that the case exemplifies prolonged non-delivery. Despite the builder’s claims regarding external factors causing delays, the commission ruled in favor of the buyer. Singh emphasized that a homebuyer cannot be expected to wait indefinitely for possession, especially after nearly 11 years without a clear timeline for handover. The ruling reinforces the principle that a buyer’s right to seek a refund is not contingent on whether the property was purchased for personal use or investment.
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