The real estate company Supertech Limited and its top brass were served a notice on Wednesday by the National Consumer Disputes Redressal Commission (NCDRC) seeking their response on why money invested by homebuyers in its luxury residential ORB project in Noida should not be refunded to them due to unreasonable delay in offering possession.
Justice V K Jain also issued a notice to actress and interior designer Twinkle Khanna who had been roped in to promote this luxury residential project.
The court passed the order on a petition filed by seven flat-buyers seeking a direction to Supertech to refund their money as the company had failed to honour its promise of giving the possession in 2015.
Arguing on behalf of the petitioners, advocate Amit Kumar pleaded that flat-buyers had deposited more than Rs 2 cr since 2012 but in the last four years the company has been able to build just about 12 floors in what is to be 50-floor project and the company might take many more years to complete it. He said the buyers were forced to approach the court after the company refused to refund the money.
“The developer had started the project in 2012 and agreed to complete the construction and delivery of the flats by April 2015. However, it failed to deliver the flats causing mental and physical harassment and financial damages to the complainants. It is evident on the face of it that the builder is not in position to the deliver the project in near future as it has already missed the deadline for delivery of the flats and the status of construction on the site makes the situation deplorable,” the petition said.
Kumar told the consumer court that there had hardly been any progress in construction at the site for the last two years and the construction was not likely to be completed in the next 15 to 20 years.
The petitioners made Twinkle Khanna a party in the case alleging that she had promoted the project and induced the prospective buyers to buy the flats. “She has not only lent her name to the project but actively participated in luring the flat buyers by openly declaring that the project has been masterminded by her. She is architect and interior designer of the project. She advocated selling of the project and flats and thus, she is also a service provider and the deficiency of service is also writ large on her part,” the petition said.
Supertech ORB Residential Group Housing Project was launched in 2012 and is located in Sector 74 in Noida. The project contains three towers, each having 50 floors.