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Updated on: Thursday, May 30, 2019, 09:01 AM IST

SC allows flat-owners to come together and move national consumer forum against builders if cost is more than 1 cr

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The Supreme Court on Tuesday passed a landmark judgement brining much delight to the homebuyers, because now they can directly drag builders to the National Consumer Disputes Redressal commission (NCDRC), if there are any delays in delivering the projects. According to the judgement the homebuyers must come together, ‘coming together’ begin one of the parameters to be fulfilled while filing a case under the Consumer Protection Act, according to the same act, a plea can be filed in NCDRC directly only if the cost involved is more than Rs 1 crore otherwise complainants are directed to approach the district consumer forums.

The petition was filed by the Amrapali Sapphire Dvelopers Pvt. Ltd. The builder was arguing that the 43 flat owners who had moved to NCDRC against the delay in handing out their flats was not eligible to fill a joint plea under the Consumer Protection Act, The builder also argued that the cost of each flat individually is not more than Rs 1 crore and thus the complainants should not approach the NCDRC, “By joining hands, they have shown that the cost of their flats was above Rs 1 crore to maintain their plea in NCDRC, which was against the rule,” the builder’s counsel said.

After hearing the petition Supreme Court passed the judgement the court also remarked that Amrapali has taken money from buyers and neither given them possession nor is refunding their money. “The apex court did not entertain our appeals and dismissed the same. We will be continuing the proceedings in NCDRC,” said Rakesh Kumar, advocate representing Amrapali said according to Indiatvnews.com

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The SC’s rejection of Amrapali Sapphire Developers’ technical plea will make the middle-class flat owners happy and will give them a reason to smile. The middle-class flat owners will find it considerably easy to come together and fight the rich realtors, who use their money and power to exploit the common man.

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Published on: Wednesday, February 22, 2017, 01:34 PM IST
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