New Delhi: A Builder May Not Force A Home Buyer To Take Possession Of An Apartment That Has Not Been Completely Built And For Which Certificate Of Completion Has Not Been Issued By The Local Authority, And To Do It Is An Unfair Business Practice, The National Resolution of Consumer Disputes. The Commission has said. On trial, it can help many consumers who are often in a similar situation.
A bench of C Viswanath and Ram Surat Ram Maurya ordered a Bengaluru-based real estate company to return the total amount of approximately Rs 3.5 crore with interest to the buyer who refused to take possession of the villa without the certificate of completion and presented a complaint against the builder. The commission issued the order after noting that there had been a delay of more than two years in construction and that the apartment was not yet fully built and was uninhabitable.
“When the complainant went to the acquisition, the builders insisted that they sign the paper, in which it was written that they were receiving possession of the villa in perfect condition, with the uniform of the so-called base of the building, that if they wanted to take the key the villa had to sign it, unfair commercial practice. The statement stated that the offer of possession of incomplete construction and without obtaining the completion certificate does not justify the action of the builder.
In this case, the buyer, Suman Kumar Jha, and Pratibha Jha booked a 3,900-square-foot luxury villa in 2013 at the project launched by Mantri Technology Constellation Private Limited in Chennai. The builder promised to complete construction and deliver the villa by May 2015. All fees were paid by the couple according to the construction-related plan to the builder.