Home buyers can jointly approach to NCDRC against builders : SC

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The Supreme Court of India said Home buyers can directly approach jointly to the national consumer court  and file complaint against the builder for delayed delivery of their homes.

With this decision disputes between buyers and builders can be solved sooner as which were usually struck at district or state level consumer forum.

As per the Consumer Protection Act, National Consumer Disputes Redressal Commission (NCDRC) can be approached only if the total value of the disputed deal is above Rs 1 crore.

The supreme court passed this judgment after observing dispute between a group of home buyers and Amrapali Sapphire developers.

As in May 2016, a group of home buyers moved to the NCDRC and filed a plea against Amrapali Sapphire for seeking possession of the flats, an interest payment for delayed delivery and withdrawal of post dated cheques as monthly maintenance charges.

In response to this Realty developer Amrapali Sapphire challenged the complaint on two bases, first, it was a consolidated complaint of individual disputes and second unrecognized association.

In November last year, NCDRC passed the order in favor of buyers. Then Amrapali group approached the apex court.

Following the issue, the bench headed by Justice Deepak Misra dismissed all the challenges of Amrapali group and came up with the decision of allowing home buyers to approach directly to the national consumer court by forming an association.

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