NCDRC directs Antriksh to refund buyers' money for flat delivery delay

The National Consumer Disputes Redressal Commission (NCDRC) has passed its judgment in the Antriksh Sanskriti case directing Antriksh Realtech to refund the entire amount deposited by the complainants at the interest rate of nine per cent per annum.

In case of non-payment within three months, the opposite party will have to pay the principal amount along with interest at the rate of 12 per cent per annum.

Significantly, this decision has come as a relief to the aggrieved homebuyers of Antriksh Sanskriti project located on NH-24, Ghaziabad, under which orders have been issued to ensure recovery of the amount stuck in the project for their lifetime. The buyers who got cheated in this project delayed for over a decade have expressed happiness over this decision of NCDRC.

Talking to Bizz Buzz, a Ghaziabad resident, Piyush Mishra said: "I had booked a flat of 1,150 square feet in Antriksh Sanskriti in the year 2011, whose possession was to be given by 2014-15, but even after 11 years, there is no sign of possession of this flat."

This project has been sealed many times and has been completely stalled since 2018. When all the buyers got upset with the builder, then all of them had complained against the builder in NCDRC in the year 2017, whose decision has come after 5 years on October 07, due to which it seems that now buyers will get back their money stuck in this project.

The NCDRC in its order said that one of the objections raised by the builder was that they have not been able to complete the construction due to unforeseen circumstances beyond their control.

The NCDRC is of the view that the complainants have nothing to do with any ongoing dispute in the project and homebuyers cannot be asked to wait indefinitely. The court, in its judgment, further observed that there has been inordinate delay on the part of the producer in completing the project. Most of the complainants paid a substantial amount of the total consideration and as per clause 30 of the contract, the possession was to be given within 30 months from the date of allotment with a grace period of six months but even after the expiry of about six years, the builder was not able to complete the project.

However, there is also the fact that more than 50 recovery certificates issued by UP-RERA in Antriksh Sanskriti Project are gathering dust in DM-Tehsildar offices for years without adequate action. Due to non-compliance of the recovery builder issued by UP-RERA, the said allottees have been forced to knock on the doors of the judiciary. On their request, the Allahabad High Court has issued orders to DM Ghaziabad several months ago to ensure the recovery of the concerned RC amount, but those have also not been complied with. Home buyers have even been forced to serve contempt of court notices to the district administration for its failure to implement the orders of the High Court, but their expected results are yet to come out till date.