Undelivered Dreams: Court Orders Jaypee Greens to Refund Plot Buyers.
14 June 2024
Consumer Complaints >> Civil & Consumer Law | Consumer Protection Act >> Consumer Rights
A consumer court in India has directed Jaypee Greens Sports City to refund money to four plot buyers who were promised luxurious amenities but received an underdeveloped site.
The complainants, Mr. Ankur Arora & Mrs. Rashi Arora and Mr. Satya Prakash Gupta & Mrs. Poonam Gupta, had booked plots in the project in 2012, swayed by promises of features like a cricket stadium, landscaped gardens, and a central business district. They made significant payments based on the project brochure and allotment letter that promised possession within 18 months.
However, delays plagued the project. The builder attributed this to a ban on groundwater extraction. Even when possession was finally offered in 2015, crucial amenities were absent. The site lacked proper roads, water supply, and other basic infrastructure, rendering it unsuitable for construction.
Dissatisfied with the situation, the complainants sought a full refund of their investment along with interest and compensation for mental strain.
The opposing party, Jaypee Greens Sports City, contested the claim. They argued that the complainants should have accepted the delayed possession and blamed the terms and conditions for disallowing refunds. They also raised technical objections regarding the complaint's validity.
The court, however, sided with the complainants on the core issue. It acknowledged the importance of amenities in a real estate project and how their absence undermines the promised value. Furthermore, the court ruled that a mere offer of possession on an underdeveloped plot wouldn't suffice. Basic infrastructure like roads and water are essential for a plot to be considered ready for construction.
The court partially allowed the complaint, ordering Jaypee Greens Sports City to return the entire amount deposited by the complainants. The refund will include an interest rate of 9% per annum calculated from the deposit date until the reimbursed amount is received. The court granted the builder two months to comply with the order.