Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs
The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit at 'Super Nova' project in Noida within the stipulated time frame despite receiving substantial payments from the complainants. The commission found that the delay...
The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit at 'Super Nova' project in Noida within the stipulated time frame despite receiving substantial payments from the complainants. The commission found that the delay in possession amounted to a deficiency in service, and as a result, directed Supertech Realtor Pvt Ltd. to refund the entire amount deposited by the complainants with simple interest at 9% per annum along with litigation costs of Rs. 50,000/- to the complainant.
Brief Facts
The complaint was filed by Suneal Kumar Singhal against Supertech Realtors Pvt Ltd. (Opposite Party) regarding a unit booked in the 'Super Nova' project in Noida. Singhal alleged that the services provided by Supertech were deficient and unsatisfactory. The complaint highlighted that the project initially promised various luxurious amenities like a five-star hotel, serviced suites, high-end apartments, clubhouse, and an on-site shopping mall. However, some changes were made later without any consent, including the removal of the promised five-star hotel.
Singhal had made an advance payment of Rs. 5,00,000/- in 2011 and a total payment of Rs. 1,26,30,370/- by April 2015. Despite this, possession of the unit was delayed beyond the promised date of November 2015. After sending a legal notice about the extended delay and unauthorized changes to the unit's size, Suneal filed a consumer complaint seeking a full refund and compensation for the difficulties faced by him.
Arguments given by Supertech Realtors Pvt. Ltd.
Supertech Realtors Pvt. Ltd. argued that the complaint was filed with the intention of extracting money. They stated that they had explained all terms and conditions to the complainants and issued an allotment letter for the said unit. They claimed that the complainants had defaulted on payment installments, sending a legal notice with malicious intent. Supertech Realtors also mentioned that they had informed the complainants about the "pre-possession stage" of the flat and provided a statement highlighting an outstanding payment due, thereby attributing the delay to the complainants' payment defaults.
Observation of the Commission
The commission observed that Supertech Realtors (Opposite Party), failed to justify the delay in handing over possession of the flats booked by the complainants. Despite citing defaults in payments by allottees, Supertech did not cancel the allotment due to these reasons. The commission also noted that there was no evidence justifying any extension of the delivery date. As a result, the commission found a clear deficiency in service regarding the delay in handing over the flats against the payment made by the complainants.
Consequently, the National Commission directed Supertech Realtors to refund the entire amount deposited by the complainants with a simple interest of 9% per annum from the date of deposit until the order date. Additionally, it mandated compliance of this order within two months; otherwise, the interest rate would increase to 12%. Furthermore, Supertech Realtors were ordered to pay litigation costs of Rs. 50,000/- to the complainants.
Case Title: Suneal Kumar Singhal vs. M/S Supertech Realtors Pvt. Ltd.
Counsel for the Complainant: Mr Aditya Parolia, Advocate with Ms Sumbul Ismail and Ms Ishita Singh, Advocates
Counsel for the Opposite Party: NEMO