Monday, 27 June 2016

NCDRC Orders to Unitech may set Precedent in cases of Delays in Home deliveries

                          NCDRC Orders to Unitech may set Precedent 
                           in cases of Delays in Home deliveries 


The National Consumer Disputes Redressal Commission’s (NCDRC) directive to Unitech to pay compensation at 12% per annum for delaying delivery of apartments to buyers in one of its Gurgaon projects is likely to become a precedent in cases filed by several other home buyers’ associations across the country, according to Experts. 

As per information, more than half of the real estate projects across the country are currently delayed by over 12 months, of which about 25% are delayed by over 36 months.

The above Judgement and Order of NCDRC will impact all cases where buyers are looking for possession of their flats. People are now aware that they can take on a builder and get reprieve from Courts and Tribunals. Many people who were scared earlier but now on the strength of this Judgement and order, have got a ray of hope; and venturing to file a case against Unitech. 

Courtesy: The Economic Times, Mumbai

Builder to pay penalty at 18% for delay in flat delivery:

National Commission for Consumer Disputes.

The National Consumer Disputes Redressal Commission ( NCDRC ) recently directed realty major Unitech to pay compensation to buyers for delay in flat delivery. The new delivery dates promised by the Realtors are between February 2016 and February 2018.

The NCDRC also directed that any delay beyond the new deadline promised will draw a compensation of 18% per annum. “In order to ensure that the opposite parties honour the revised date of delivery of possession, compensation in the form of interest at a rate higher than 12% per annum should also be paid by the developer if the revised date of delivery of possession is not honoured” the Judge ordered.

The NCDRC further ruled that any unfair trade practice can be challenged by it, even if there is a prior agreement between the parties. “When the buyer is made to pay 18% penalty for default, is it fair on the developer’s part to pay a mere 1.8%? Justice had said. 

Courtesy: The Times of India, Mumbai

Builders told to meet National Green Tribunal’s (NGT) norms

Builders in Haryana state will now have to take all the necessary precautions while carrying out construction to ensure that no activity right from ferrying construction material and storing it at the site, to raising a structure and removing debris, emits dust.

A spokesman of the Town and Country Planning Department said the building would have to strictly adhere to the orders issued by the National Green Tribunal (NGT) and the directions given by the Union Ministry of Environment and Forests in this regard.

All the construction material and debris shall be carried out in trucks or other vehicles which are fully covered and protected. “Any person, owner and/or builder is found violating any of the conditions shall be liable to pay compensation of Rs.50,000/- per default.

Courtesy: The Tribune, Chandigarh

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