New Delhi: Builder cannot force home buyers to take unfairly built flats and the completion certificates have not been issued by local authorities and do so amounted to unfair trade practices, national consumer disputes have said in decisions that can help many consumers often find themselves They are in the same situation.
Bangku C Viswanath and RAM Maurya RAM letter directed Bengaluru-based real estate companies to return the entire amount around Rs 3.5 Crore with interest to buyers who refused to take over the villa without a certificate of completion and filed a complaint against the builder.
The panel passed the order after noting that there was a delay of more than two years in construction and fixed flats were not fully built and uninhabitable.
“When a complaintion goes to take possession, the builder insists on them to sign a paper, where, it is written that they accept villa ownership in a fully prepared condition, in the alleged builder government if they want.
If they want to take the villa key, they must sign it.
This is an unfair trade practice.
Offers ownership with incomplete construction and without obtaining a settlement certificate does not justify the builder action, “he said.
In this case, the buyer-Suman Kumar Jha and Pratibha Jha – had booked in 2013 3,900 Sqft luxury villa in a project launched by Mantri Technology Constellation Private Limited in Chennai.
Builder has promised to complete construction and submit villa ownership in May 2015.
The couple has paid all installments according to the plan related to the construction to the builder.
Builder cannot force the buyer to take incomplete flat possession: NCDRC
