Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation

Haryana Real Estate Regulatory Authority (Authority) Bench, Comprising of Rajender Kumar (Adjudicating Officer) has directed National Buildings Construction Corporation Limited (NBCC) to compensate the homebuyer for rental expenses and mental agony after they were forced to vacate their flat as the project was found unsafe for living due to its unsafe construction after taking possession. NBCC is a Public Sector Undertaking (PSU) in real estate and it has multiple projects across Delhi NCR and other parts of India. The homebuyer also filed a complaint before the Authority seeking a refund of the amount paid. In addition, the homebuyer approached the Adjudicating Authority which has jurisdiction under Sections 12, 14, 18 and 19 of the RERA, 2016 to award compensation. Background Facts Homebuyer (Complainant) booked a 3BHK flat in the builder's (Respondent) project, NBCC Green View, Gurugram, on March 10, 2011, for Rs. 74,13,422. The builder allotted a flat on the 5th floor on November 2, 2012, and was required to hand over possession within 30 months, i.e., by May 2, 2015. However, the project faced delays, and the builder executed the conveyance deed in favor of the homebuyer only on April 9, 2018. Later builder issued a vacation notice, stating that urgent repairs were necessary and asked homebuyers to vacate their flats within 15 days. On October 6, 2021, an IIT Delhi structural survey found the building highly unsafe for habitation and recommended demolition. Based on this, the builder sent multiple eviction notices, including the final vacation notice, on October 13, 2021. On February 17, 2022, the District Magistrate-cum-Chairperson, District Disaster Management Authority, Gurugram, held a meeting with homebuyers and NBCC officials and issued an order as per which NBCC was to provide alternative accommodation within 48 hours and refund the homebuyer's money with interest within one month. However, the builder failed to comply with the order and only offered a refund without interest or compensation. Additionally, builder only paid advance rent for 12 months at ₹12.5 per sq. ft., along with brokerage compensation. Therefore, being aggrieved by the insufficient relief from the builder, the homebuyer filed a complaint before the authority seeking Rs.40,000 per month for rental expenses and compensation for harassment and mental agony. Observation and Direction by Authority The Authority, while referring to the structural survey conducted by IIT Delhi, observed that the builder violated Section 14 of the RERA, 2016 by failing to adhere to the approved project specifications. As a result, the Authority held that the homebuyer is entitled to seek compensation. Furthermore, the Authority ruled that the builder is liable to pay ₹30,000 per month to the homebuyer as compensation for the loss of housing or rent for an alternate unit, or until the amount paid by the homebuyer is refunded. Additionally, the Authority awarded ₹1,00,000 to the homebuyer as compensation for mental and emotional suffering, along with ₹1,00,000 as litigation costs. Finally, the Authority directed the builder to pay the awarded amounts within one month. Case – Saurabh Mehta & Jai Parkash Mehta Versus M/s. NBCC (INDIA) LIMITED Citation – Complaint No.82 of 2023 Date – 25th NovemberClick Here To Read/Download The Order

Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation

Aryan Raj

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