New Delhi: In a big assistance for home buyers who bought the original flats from allotteeal but were not sent apartments, the Supreme Court on Thursday said builders could not deny their rights to get in a reasonable period of time and they also entitled to get a refund of their money , Your judge’s bench, Hemant Gupta and S Ravindra Bhat said the buyer’s rights were the same as the original Allottes.
“It cannot be said that the next buyer who steps into the original Allottee shoes from a housing project where the builder does not respect his commitment to send a flat in the specified time, cannot expect – even reasonable time – for the performance of the Builder’s obligation.
Conclusion like that will be arbitrarily -Wenang, given that there might be a large number – maybe thousands of flat buyers waiting for flats or their promised residence; they must be entitled to all reliefs under the consumer protection law, “said the court.
The court ruled out the application by real estate company Laureate Builwell Pvt Ltd, which took the basis that the amount paid could not be returned when the buyer was not the original Allottee and he bought a flat knowing that the project was delayed.