Delhi HC asks NBCC to return Rs 76L with interest to homebuyer, awards Rs 5L compensation
Delhi High Court has asked NBCC to refund over 76 lakh along with interest to a homebuyer after it failed to deliver possession of his flat, bought it 2012, and also awarded compensation of Rs 5 lakh for causing «extreme mental agony». Justice Subramonium Prasad, while allowing the homebuyer's petition against NBCC, observed that purchasing a house is one of the most significant investments an individual or a family makes in their lifetime, and it often involves years of savings, meticulous planning and emotional investment, and therefore compensating wronged homebuyers is not just a matter of rectifying past injustices but also about deterring future misconduct.
The petitioner, a retired government employee, said he purchased the flat in 'NBCC Green View Apartments', a project launched in 2012 for Gurugram, but in spite of paying the entire sale price of over Rs 76 lakh in 2017, the unit was never handed over to him.
In the order passed on May 8, the court observed that the petitioner has been deprived of his money for the last 10 years and «structurally defective houses» have been constructed, leaving him in a complete lurch, and NBCC should be «dealt with severely» for reluctance to pay interest on the amount and ensuring the petitioner's rehabilitation.
Taking judicial notice of geometric progression of price of land in the national capital region, the court said the «pittance» offered by NBCC to only return the principal amount was not an offer in the eyes of law and a rent allowance of Rs.12.50/- per sq.
