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News of relief for homebuyers, now builder cannot pressurize to take incomplete house possession

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Relief for Home Buyers: No builder can pressurize the homebuyer to take possession of the unfinished flat for which the Completion Certificate has not been issued by the local authority. Doing so is tantamount to unfair trade practice. The National Consumer Disputes Redressal Commission has said these things in a decision. This decision of the National Consumer Disputes Redressal Commission is going to be of great benefit to the home buyers who often have to face such situations.

A bench of C Vishwanath and Ram Surat Ram Maurya, while giving a verdict in one such case, has ordered a Bengaluru-based real estate company to refund about Rs 3.5 crore to the homebuyer. In fact, the homebuyer refused to take possession of the villa without the completion certificate and then lodged a complaint against the builder. The National Consumer Disputes Redressal Commission found that there was a delay of two years in the construction of the house and the flat was not fully habitable. In view of these circumstances, the commission passed the order.

2 years late construction

The panel found that the construction of the villa was delayed by two years. Despite this, the construction work could not be completed. However, the builder wanted the homebuyer to sign the paper in which it is written that the construction work of the house has been completed. Bayer refused to do so. The builder said that he will not get possession until he signs the written papers. Following these disputes, the homebuyer filed a complaint with the NCDRC.

Homebuyer has made full payment

Suman Kumar Jha and Pratibha Jha had booked a villa of 3900 sq ft in the year 2013. The builder had promised that he would complete the construction work by 2015 and also give possession. The couple had paid all the amount to the builder under the construction linked plan to buy the villa.

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