The Delhi High Court has mandated the National Buildings Construction Corporation (NBCC) to pay INR 5 lakh in compensation to a homebuyer who endured severe mental distress due to the company’s failure to deliver possession of a flat at the ‘NBCC Green View Apartments’ in Gurugram.
Additionally, NBCC has been directed to refund over INR 76 lakh, including accrued interest, to the buyer for a property purchased in 2012. The high court’s decision highlights the profound emotional and financial strain faced by individuals investing in real estate. In its judgment, the court emphasised that buying a home is often a culmination of years of saving and planning, and delays or failures in delivery can result in significant personal and financial hardship.
The petitioner, a retired government employee, had purchased a flat in the ‘NBCC Green View Apartments’, a project that commenced in 2012. Despite having paid the full sale price of more than INR 76 lakh by 2017, the property was never handed over. The court noted that the petitioner had been deprived of his funds for a decade and criticised NBCC for constructing “structurally defective houses” and failing to address the situation. The court’s ruling underlines the importance of holding developers accountable for delays and non-performance. It pointed out that such cases are not only about correcting past wrongs but also about deterring future misdeeds by setting a precedent for fair treatment of homebuyers.
In its judgement, the court expressed strong disapproval of NBCC’s reluctance to pay interest on the refunded amount and its inadequate efforts to resolve the petitioner’s situation. The ruling serves as a stark reminder of the emotional toll and uncertainty faced by buyers left in limbo due to contractual failures. The high court’s intervention is expected to have a significant impact on the real estate sector, reinforcing the need for developers to uphold their commitments and address grievances with promptness and fairness. This case serves as a critical test of the legal framework designed to protect consumers in the housing market.
