New Delhi: Non-Resident Indians who return to the country "every now and then" can purchase a house in the country, the National Consumer Disputes Redressal Commission has said asking Supertech Ltd to pay around Rs 64 lakh to an NRI for denying possession of a flat in Greater Noida.

Presided by Justice J M Malik, the apex consumer redress panel directed the real estate firm to pay Rs 63,99,727 to south Delhi resident Reshma Bhagat and her son Tarun Bhagat, who had booked a flat in the builder's project in 2008.

The builder, which was scheduled to hand over its possession to the complainant in 2009, did not construct the flat.

The Bhagats approached the commission for refund and damages, the complaint said. Supertech had opposed the complaint seeking refund and other damages, claiming the flat was booked in the name of Tarun, an NRI, and that the family purchased the property only to earn profit and not to live and they could not claim to be a "consumer".

The commission rejected the builder's contention, saying "it cannot be made a 'rule of thumb' that every NRI cannot own a property in India. NRIs do come to India every now and then and most have to return to countries where they live. Every NRI wants a house in India. He (Tarun) is an independent person and can purchase any house in India in his own name."

The commission also rejected the builder's claim that the complainants were offered an alternative flat but they rejected it. "It's well settled that nobody can force anybody to accept the flat of the choice of the opposite party (firm). Any other flat cannot be imposed upon the consumers. They have got their free will to accept or reject the other flats offered to the complainants. It is difficult to fathom why the flat which was promised to be given to complainants, originally, was not given," it said.

According to the complaint, the complainants had paid Rs 63,99,727 to Supertech Ltd in 2008 for a flat in Greater Noida and the flat's possession was to be given by December, 2009. The builder, however, did not construct the flat and the complainants approached the commission seeking Rs 1.40 crore including interest and damages.



Facebook Twitter Linkedin EMail