New Delhi: The Supreme Court on Friday ordered a builder, Irono Pvt Ltd, to restore Crores Rupee to a flat buyer who wants to refund their investment because the brokers sell dream houses with Italian marble floors, golf course views and other luxury facilities for them in brochures but fail Provides promised facilities.
The ‘Skyon’ project on the Road extension of the golf course in Gurugram was postponed by the years and when the buyer was flat, each of which had invested more than Rs 2 Crore, demanding a refund, Irono Pvt Ltd threatened to reduce 20% of the money they invested .
They moved the Consumer Court and was given a refund of major money with a 10.5% interest as provided under Haryana Rera.
Ireo through Ankur Sehigal appealed the NCDRC decision before SC.
Judge D Y Chandrachud and Bela M Trivedi asked for the advice of the builder whether the promised golf course was available to the flat owner.
Sehgal said that there was a green belt provided by the Builder but there was no golf course.
Bench said, “You (Builder) sell dreams to home buyers but do not provide the promised facilities.
When the promised facilities are not provided, they are entitled to return on their investment with interests.” Both complainants, Aloke Anand and Nitin Junkeja, through advice they detail the long list of violations of promises, made in the brochure by the builder.
According to the complainant, the project should be a very high end, one of its good development and hence, there is a large premium paid for property @ 11,600 per square foot such as with other properties around it, which is charged 6,500 per sq ft, air conditioning technology Vrft, world-class clubs with various recreational and sports options etc.
But, there are total deviations from specifications and facilities mentioned in the brochure and apartment buyer agreements and more specifically the absence of the promised golf course, this project is a mid-level project.
“SC agreed that such irregularities gave a flat buyer to demand a refund and uphold the NCDRC sequence.
Ireo now has to pay back Rs 2.2 Crore to one Flat Buyer and other 4.68 crore Rs, both with interest of 10.5%.
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