Homebuyers Entitled to Refunds if Promised Amenities Are Missing: NCDRC

UV INDIA NEWS: In a significant ruling to protect homebuyers, the National Consumer Dispute Redressal Commission (NCDRC) has stated that buyers are entitled to seek refunds if amenities are promised when booking flats are not provided. This verdict addresses instances where builders hand over possession without fulfilling commitments like clubs or shopping complexes as advertised in brochures.

The commission noted that builders often prioritise meeting completion deadlines and offering possession, neglecting the promised amenities such as clubs, gyms, and green areas. The NCDRC ruled that homebuyers can reject possession and request a refund if the promised amenities are absent.

This decision came in response to a plea by a homebuyer who had booked a flat in the M3M Wood shire project in Sector 107, Gurugram, back in December 2012, with possession expected by October 2016. Despite obtaining the occupation certificate in April 2017 and offering possession, the buyer refused, citing the lack of promised amenities.

The homebuyer’s lawyers, Aditya Parolia and Ishita Singh argued that several amenities, including green spaces and a planned road, were significantly reduced or missing, contrary to the project's sales brochure. The builder, however, contested these claims, arguing that any delays were not substantial and that the buyer was not entitled to a refund.

After reviewing the documents, the NCDRC sided with the homebuyer, directing the builder to refund the purchase amount with 8% interest, upholding the buyer's right to the amenities as advertised at the time of booking.