5 hrs ago
Gurgaon Homebuyer Wins Refund After Years of Flat Delays
A person booked a home in Gurgaon in 2012.
The builder said the home would be ready within three years.
The buyer paid nearly ₹1.73 crore, but the home was not handed over.
The builder said outside problems caused the delay and also disputed some of the buyer’s claims.
The consumer commission reviewed what both sides said.
It decided the builder was responsible for poor service and an unfair practice.
The commission ordered the builder to return the money with 12% yearly interest.
It also ordered payments for the buyer’s distress and legal costs.
The buyer booked a 2,600-square-foot apartment in Sector 83, Gurgaon, in 2012, with possession promised within three years.
The buyer paid ₹1,72,93,048.76, but the project remained incomplete and possession was not delivered.
The builder acknowledged delays but blamed factors including a GAIL corridor, power lines and unacquired sector roads.
The Haryana State Consumer Disputes Redressal Commission found deficiency in service and unfair trade practice.
The commission ordered a refund with 12% annual interest, plus ₹3 lakh compensation and ₹1 lakh in litigation costs.
- Who
- A Gurgaon homebuyer and the developer; the Haryana State Consumer Disputes Redressal Commission decided the complaint.
- What
- The commission ordered a refund of ₹1,72,93,048.76 with 12% annual interest, ₹3 lakh compensation and ₹1 lakh in litigation costs.
- Where
- Sector 83, Gurgaon, Haryana.
- When
- The apartment was booked in 2012; the agreement was signed in November 2012, and the buyer sought refunds by email and letter in 2018 and 2019.
- Why
- The promised possession was not delivered and the commission found deficiency in service and unfair trade practice.
Homebuyer’s claims
Builder’s response
Reason for the complaint
Homebuyer’s claims
The buyer said the project remained incomplete despite the promise to deliver possession within three years and alleged negligent, prolonged delays.
Builder’s response
The builder acknowledged a delay but attributed it to a GAIL corridor, defunct high-tension power lines and the non-acquisition of sector roads.
Purpose of purchase
Homebuyer’s claims
The commission treated the booking as being for personal residential use; the buyer had financed the purchase with a home loan.
Builder’s response
The builder claimed the apartment was bought for commercial gain and potential resale profit.
Payments
Homebuyer’s claims
The buyer said he paid ₹1,72,93,048.76 and sought a refund with interest.
Builder’s response
The builder acknowledged the amount paid, disputed that instalments were all timely and said the total sale price was ₹1,89,54,500, including additional charges.
Key facts
- Apartment size
- 2,600 square feet
- Booking year
- 2012
- Promised possession
- Within three years of the November 2012 agreement
- Amount paid
- ₹1,72,93,048.76
- Interest ordered
- 12% annually from the respective payment dates until realisation
- Additional compensation
- ₹3 lakh for mental harassment and physical agony
- Litigation costs
- ₹1 lakh
Sources
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