By arethaadmin
February 4, 2026
Aretha Legal is pleased to share a significant favourable order passed by the Hon’ble National Consumer Disputes Redressal Commission (NCDRC), New Delhi, in favour of the Home buyer.
The dispute arose from a residential unit booked in the project “Visionnaire”, Gurugram, under a subvention scheme governed by a Tripartite Agreement between the complainants, the developer M/s Native Buildcon Pvt. Ltd. (now merged into BPTP Ltd.). Despite substantial payments and loan disbursements, possession was not delivered within the stipulated period or even after expiry of the grace period.
It was contended that the prolonged and unexplained delay amounted to deficiency in service and unfair trade practice, particularly given the continuing financial burden of the home loan under the subvention scheme. The key issue before the Commission was whether such delay justified refund with interest.
The Commission found that the opposite parties had failed to fulfil their contractual obligations and showed no credible progress towards completion of the project. Relying on the Supreme Court’s decision in Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan, it reiterated that homebuyers compelled to service loan liabilities due to prolonged delay are entitled to exit the project and seek refund with reasonable interest.
Accordingly, the opposite parties were directed to refund the entire deposited amount along with 9% interest per annum from the respective dates of deposit, with 12% interest in case of default, along with litigation costs.
The matter was argued by Ms. Niti jain, Principal Associate, under the guidance of Mrs. Aanchal Tandon, on behalf of the Complainant.