Bringing in relief to hundreds of home buyers from Gurgaon One, sector 84, the Supreme Court stayed Delhi High Court’s order in which the latter had stayed a National Consumer Disputes Redressal Corporation’s order. NCDRC had asked the developer to give possession to the home buyers with a few riders.
SC in its judgement dated 20/08/2018 called HC order an impugned judgment and hence the HC order had been stayed. “We are extremely thankful to the Supreme Court for saving the home buyers once again”, said Girish Trivedi, one of the home buyers. The home buyers had moved the apex court against the Delhi High Court order calling it illegal.
“The developer is trying to use all his might 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 homebuyer 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 steep 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, one of the home buyers.
The NCDRC in its subsequent judgement, it had passed an order in favour 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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