New Delhi: Observing that it will be “clearly unfair” to direct the SuperTech real estate company to rebound with home buyers by returning money after the completion has been agreed upon, the Supreme Court rejects the buyer and asks the company to return money per agreement.
The buyer has ordered a flat in the twin towers at the Supertech Zamrud court housing project in Noida and has been looking for refunds after the Tower was ordered to be destroyed by the APEX court which argued that construction was carried out illegally and violated the law.
Judge D Y Chandrachud and Surya Kant said that home buyers themselves have reached settlements with companies and they cannot be allowed to argue that it is done with coercion.
The bench noted that even Amicus Curiae was appointed, Advocate Gaurav Agrawal, has approved a solution.
“We must maintain justice with the developer too.
We cannot order to reopen the settlement.
You have received it and the problem must end.
If it won’t continue and continue.
Amicus has also agreed to do it settlement,” Bench said.
The court asked the company to restore the number to home buyers on or before February 28.
Senior Advocate S Ganesh appeared to Supertech, said that there were 38 implantable applications submitted by home buyers and ensured that the number would be returned within the specified.
Time according to the agreed solution.
The court said for home buyers who have taken home loans, the company will make a final settlement with the bank and complete a home loan account on March 31.
More than 950 flats will be built in the twin towers where construction is carried out for up to 32 floors when Allahabad HC first ordered their demolition in 2017.
A total of 633 home buyers had ordered a flat in the twin towers where 248 had taken refunds and 133 buyers shifted to Other Supertech housing projects.
But 252 buyers remain invested in hopes of getting a profitable order from the APEX court.
Approved the Decree of the Noida Authority to choose Edifice Engineering Edifice Mumbai-based company to carry out the demolition of twin towers at the Emeraldian court project, the Supreme Court had previously directed Supertech to implement contracts and obtain approval from all parties concerned within two weeks.
Holding that the additional tower also violates the minimum distance requirements between the building, the APEX court in its assessment on August 31 says that a builder cannot be allowed to overthrow the requirements as prescribed in building regulations because it will seize the population of light, air and ventilation that is important to maintain quality Basic life.