Builders cannot delay delivery of flats to buyers

With their patience on "burial pyre" home buyers who suffered due to inordinate delay in getting their flats from reality firm Unitech Ltd, today narrated their ordeal and anguish before the Supreme Court which directed the builder to refund their money.

"It needs no special emphasis to state that the property developer has to respect the contractual commitment". The submission in a way rests upon the metaphor that "Rome was not built in a day" but it serves no goal.

While passing the order, Justice Misra said Rome was not built in one day and the foundation of any economy was the "faith" that a buyer reposed in the seller. Unitech has so far deposited Rs 15 crore and the court on Wednesday directed it to deposit a further sum of Rs 2 crore in two weeks towards refund. It is flat or money. and nothing else.

It pointed out that the buyers are collectively making a demand for refund of money because they have fought the litigation with ceaseless vigour and enormous hope. "They are fundamentally interested to get their money back with interest and compensation".

Another home buyer in an emotive submission said he had paid the company full amount for his flat which was to be given in 2012 but has to stay in rented accomodation with the family just to have a roof over their heads. The retired judicial officer admitted that he had "sympathy" for home buyers while hearing any case as they were the aggrieved party.

The next court hearing of the Gurgaon housing project case against Unitech will be heard in the Supreme Court on January 2. The bench of Justices Dipak Misra, Amitava Roy and A.M. Khanwilkar rejected the argument.

It also noted that the company has deposited Rs. 15 crore with apex court registry in compliance with an earlier order.

The Supreme Court on Tuesday allowed 70 buyers who invested in Parsvnath's Exotica project in Ghaziabad to withdraw their money because they were no longer keen to hold on to the flats, which are yet to be constructed.

Lahoty said the affidavit filed by the firm before apex consumer forum said that the principal amount was Rs 22 crore and with interest, it would be around Rs 36 crore.

  • Anthony Vega