The apex consumer commission has rejected Jaypee Group’s plea for additional charge to be taken from buyers for purported increased area of the flats while imposing a penalty for delay in handing over of homes in its Kalypso Court project on the Noida-Greater Noida expressway.
A National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice J M Malik, denied the builder’s claim for additional charge noting that it failed to produce any proof regarding any such increase.
“If there is any increase in the internal area, the opposite party (builder) is entitled to get the additional amount, that too, at the rate fixed at the time of booking. However, no such proof has been produced on record. Consequently, we hereby hold that the OP is not entitled to any additional amount,” it said.
The bench said the law prohibits a promotor from revising the plans and super area (internal area of the apartment), without consent of the respective apartment owners.
Besides, the commission also imposed a penalty of 12 per cent per annum on the builder for the delay in handing over of homes to the buyers in the project.
The bench passed the order on a complaint filed by Developers Township Property Owners Welfare Society on behalf of ten buyers who had booked the flats.
The builder, however, told the commission that there was shortage of labour, scarcity of water, restrictions in excavations etc. due to which the possession could not be offered to complainants on stipulated date. The commission also directed the builder to hand over the possession of apartments to buyers by July 21, failing which it will have to pay a penalty of Rs 5,000 per flat per day till the project is completed.
“For the delayed period, the opposite party (builder) is directed to pay interest at 12 per cent per annum, on the amount deposited by the respective complainants with effect from 39 months from the date of respective provisional allotment letters, till the actual physical possession…is handed over by the opposite party,” the bench said.
It further directed the builder to provide adequate car parking spaces in the project and refund the excess amount, if any, that has been collected from customers for parking slots, with 12 per cent interest per annum from the date of charge.
According to the complaint, Jaypee Kalypso Court project, which was launched in 2007, was to have 16 towers. The housing project was to be completed by 2011 but work is still pending in most towers, with the builders starting to give possession to buyers in only five towers.
As per the advertisement, the project was to consist six types of property units from 1 BHK to 4 BHK having super area from 1600 sq.ft. to 3250 sq.ft., the complaint said.
After payment of booking amount, provisional allotments were issued to the complainants, wherein the delivery of the possession was promised within 36 months plus 90 days’ grace period, from date of Provisional Allotment letter, it said.
The complaint claimed that only the structure was raised within the span of eight years. Aggrieved by this, the complainants approached the commission.