After Shalabh Nigam filed a plea for the flat bought in 2012 in Gurugram, which has to be handed over for possession within 3 years with a grace period of a grace period of 6 months from the date of allotment, with the NCDRC, there now has been established that allottees can claim the refund on the grounds if possession has been inordinately delayed, particularly beyond one year.
In the petition filed, the allottee Nigam paid Rs. 90 lakh for the flat priced at Rs. 1 crore and the developed failed to meet the deadline and provide possession of the flat. In the case, the commission asked the real estate builder to complete the project and provide the flat as per the earlier agreement made before September 30, 2019.
The builder was also asked to pay interest at 6% per annum on the deposited amount by the complainant till the due date of possession from the due date of possession till the actual date of possession.
The order further reads, "If the possession is not delivered till September 30, the complainant is at liberty to take a refund of the total deposited amount along with interest at 10% p.a. from the date of respective deposits till actual payment". For the payment, the builder has been given a time of six months from the date of receiving a request letter from the complainant.
In case the complainant does not want to get the refund, he or she is entitled to receive interest at 6% per annum as ordered till possession is handed over.