Supertech Ltd. To compensate NRI for denying possession of flat

Supertech Ltd.

According to a complaint filed with the apex consumer commission by south Delhi residents Reshma Bhagat and her son Tarun Bhagat, they had made a payment of Rs 63, 99,727 to Supertech Ltd in 2008 for a luxurious flat in Greater Noida and the flat’s possession was to be given by December, 2009 which the company failed to honour.

The realty firm had scheduled to deliver its possession to the complainant in 2009 and when it did not construct the house, the Bhagats approached the consumer commission for redressal, the complaint said.

National Consumer Disputes Redressal Commission (NCDRC), presided by Justice J M Malik, ruled that the firm Supertech Ltd. has to pay Rs 63, 99,727 to the complainants. Non-Resident Indians, who return to the country “every now and then”, can purchase a house in India, the apex consumer commission said while directing Supertech Ltd to compensate the NRI mother & son for denying possession of their  flat in Uttar Pradesh.

However, the firm had opposed the complaint, claiming that the flat was booked in the name of Tarun, an NRI, and it was not for residing purpose but solely to earn profits. Hence, he could not claim to be a ‘consumer’ himself.

Rejecting the disputation of Supertech, the NCDRC said “it cannot be made a ‘rule of thumb’ that an NRI cannot own a property in India. Most of the NRIs have to return to their native land. Each NRI wants a house in India. He (Tarun) is an independent person and can purchase any house in India, in his own name.”

The complainants had approached the commission seeking Rs 1.40 crore from the realty firm, including interest and other damages.