TaxTMI 
TaxTMI 
TaxTMI 
2024 (7) TMI 1351
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.... neither an alternate flat has been given to the Petitioner nor a refund, with appropriate interest, was offered by Respondent No.1. The prayers made in the writ petition are as follows: "i. Direct the respondents to provide an alternate flat with the aforementioned positioning and in vicinity as that of flat which was booked by the petitioners in their project namely NBCC Green view Apartments bearing Flat No. C2.3, TYPE-D. ii. Or alternatively, direct the respondents to refund the amount paid by the petitioners with reciprocal interest @ 15% per annum and with compensation of Rs. 50,00,000/- for mental torture, agony, and harassment; and to pay extra compensation as per Annexure P-18 iii. Pass such other and further order as this Hon'ble Court may deem fit and proper in the interest of justice." 2. The facts leading up to the present petition are as follows: a. Respondent No.1, in June 2012, launched a group housing residential project under the name of NBCC Green View Apartments that was to be constructed in Section 37, Gurugram, Haryana. In response to the said project a large number of applicants, including the Petitioner who is a retired government employee, appl....
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.... monthly rent and were currently residing in the said apartments. f. The Petitioner herein, vide email dated 23.11.2021, gave its consent to vacate the temporary allotted flat on the condition of rent allowance and moved into a rental accommodation in Faridabad, for which NBCC remitted payment for a period of 6 months. g. On 29.07.2022 the NBCC shared an offer letter to the Petitioner in which the NBCC offered to refund: i. An amount equal to the consideration that had been paid by the Petitioner. ii. Charges on delayed payment, if any, paid by the Petitioner. 3. Since the flat was not delivered to the Petitioner, even after six years of the final instalment and about 10 years after the first application money was paid and that since the Respondents were not providing any alternate accommodation to the Petitioners, the Petitioners have filed the instant writ petition. 4. Notice was issued in the writ petition. On 31.01.2023, the Petitioner made his claim for an alternate accommodation in the vicinity. 5. The writ petition came up for hearing on 23.01.2023. Learned Counsel for the NBCC was directed to take instructions in respect of alternate accommodation. On 31.01.2023,....
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....me relief. 9. It is stated that the Petitioner has invested his life savings in the Respondent/NBCC thinking that the NBCC is a government undertaking and that he would not be cheated like other private builders. He, therefore, states that he does not have money to buy a new accommodation. He also states that he does not have money to get a flat on rent and that with the passage of time, the price of a property in the area has risen exponentially. 10. Per contra, learned Counsel for the Respondent states that the Petitioner is guilty of forum shopping. He states that after having approached the forums under the RERA Act and under the Consumer Protection Act, the instant writ petition should not be entertained by this Court by exercising its powers under Article 226 of the Constitution of India. 11. It is stated by learned Counsel for the Respondent that the Petitioner is guilty of concealing material facts inasmuch as the Petitioners herein have impleaded themselves in the NCDRC in a petition titled as Avdesh Chandra Bhatia & Ors. (now Narinder Singh Arneja & Ors.) v. NBCC & Ors. Complaint No. CC/1128/2017. It is stated that the Petitioners have also impleaded themselves in a co....
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....ct of forum shopping is condemned, this Court is of the opinion that in the facts of the present case, such an act of approaching various forums stems from desperation rather than a strategic pursuit of a favourable dictat. This behaviour of the Petitioner arises out of a sense of frustration, helplessness and lack of legal knowledge. 16. Purchasing a house is one of the most significant investments an individual or family make in their lifetime. It often involves years of savings, meticulous planning and emotional investment. When builders of such homes fail to deliver what was promised, they shatter the trust and financial security of homebuyers and also put homebuyers in a situation where they may face immense stress, anxiety, uncertainty and ultimately be forced to navigate legal channels for seeking recourse. The emotional toll of living in limbo, uncertain about the future of their investment and the stability of their living arrangements cannot be understated. Compensating wronged homebuyers is not just a matter of rectifying past injustices but also about deterring future misconduct. 17. In the present case, the Petitioner entered into the agreement way back in the year 2....