The apex consumer commission has directed a Gujarat-based real estate firm to pay Rs 50,000 each to 23 homebuyers for the builder’s failure to execute sale deeds even after handing over the possession of the flats 20 years ago. The National Consumer Disputes Redressal Commission (NCDRC) also said that the consumers cannot be made to suffer due to any dispute between co-owners of the firm.
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“The complainants cannot be made to suffer, if there is dispute of any kind between the owners of the property. It is the duty of the builders as well as the co-owners to sort out their dispute, if any,… and to ensure that the sale-deeds are executed as early as possible,” the commission said.
According to the complaint, the ownership of the property belonging to Shubham Builders, which was handed over in 1994, was not transferred in the name of homebuyers due to some dispute between the co-owners, the complaint said. The bench, while granting the relief to the complainants, said that once the payment is received, its the duty of the builders to execute the sale deed.
“Once full payment for the property has been admittedly received by the builders and the possession delivered, it was the duty of all the 4 Opposite Parties (the firm and its three owners) to ensure that the sale-deeds should have been executed forthwith,” it said.
“However, the net outcome of the whole episode is that the complainants have been suffering till today for non-execution of the sale-deeds,” the NCDRC bench, headed by presiding member B C Gupta, said. According to the complaint filed by 23 Gujarat residents, they paid for and got the possession of their respective homes in 1994 but the sale deed in their favour was not executed due to opinion of difference between co-owners of the firm.
The complaint was dismissed by the district forum after the firm submitted that they are ready to execute the sale deed but not able to do so due to some dispute. The state commission, too, had upheld the forum’s order, after which the homebuyers approached the NCDRC. “…the Opposite Parties are jointly and severally responsible for deficiency in service towards complainants. The orders passed by the State Commission as well as the District Forum are, therefore, ordered to be set aside,” the commission said.
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