Sep 2018

Gurgaon one home buyers got relief by the decision of Supreme Court

Gurgaon:  The Supreme Court stayed Delhi High Court’s order in which the latter had stayed a National Consumer Disputes Redressal Corporation’s order. Hundreds of Gurgaon one home buyers in sector 84 got a relief by the SC decision.  NCDRC had asked the developer to give possession to the home buyers with a few riders.

On 20th August 2018, SC in its judgement called HC order a doubted judgment and hence the HC order had been stayed. According to one of the home buyers, Girish Trivedi, “We are extremely thankful to the Supreme Court for saving the home buyers once again. The home buyers had moved the apex court against the Delhi High Court order calling it unlawful.

“The developer is trying to use all his strength and power to not give us the possession which is why they illegally approached the Delhi High Court for a stay on the NCDRC order even though the HC does not have jurisdiction in this matter” ,said Ashok Sharma, one of the home buyer who works as a management consultant.

Earlier in December last year, around 100 home buyers had approached the NCDRC against the developer seeking possession of the homes after he increased the last instalment by 300% claiming area increase, escalation of cost and other issues.

“After we protested against the sudden hike, the developer gave us a discount on the final instalment, however when we accepted this and contacted the builder asking they should handover the property, builder asked us to forgo our right to go to court for many things and ask for only escalation and area increase costs. Choosing not to sign the same, we approached NCDRC”, said RPS Kohli, another home buyer.

 The NCDRC in its subsequent judgement, it had passed an order in favor of the buyers asking the builder to offer possession subject to terms set by NCDRC. 

“We were asked to deposit our money with the court in the form of Fixed Deposit Receipts and as and when the final order comes, the money would be given to the developer or returned to the buyer depending on the judgement. However the developer moved the Delhi High Court illegally forcing us to go to Supreme Court,” said Ashok Sharma.

After the SC order, the matter was heard by NCDRC on 27 August and according to the home buyers, they have been asked to file their possession. Most of the home buyers complain that they are being forced to pay Bank EMIs on the loans undertaken as well as they are paying rents because the properties for which they have paid more than 95% payments are still not in their possession. Access to both the Supreme Court and NCDRC orders are available on the internet.

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