SC asks Parsvnath to give habitable homes with OCs in Lucknow project in 3 weeks

The Supreme Court on Friday directed Parsvnath Developers to give possession of habitable flats along with occupation certificates (OCs) to 12 home buyers of its Planet project in Lucknow within three weeks.

A bench headed by Justice Dipak Misra listed the case for the last week of April for further arguments on the compensation for delay and mental agony, according to lawyer ML Lahoty, who represented the 12 home buyers in the court.

“Possession of flats in habitable condition along with OCs, in a specified time frame were our main demands. The court, agreed with us and directed Parsvnath to do the same within three weeks,” he said.

Parsvnath did not respond until press time Friday to an email seeking comment.

The case relates to Parsvnath Planet project in Gomtinagar, Lucknow, which was launched in 2006 and had to be delivered within 36 months by 2009. The flats in the project were in the price range of Rs 32-35 lakh each.

“We showed the photographs to the court that the tower in which our clients have their homes was not in a habitable state and they are not able to move in,” Lahoty said.

After not getting their flats on time, the 12 home buyers approached the UP consumer forum in February 2013, which on February 25, 2015 directed the builder to give possession of flats by 2015-end with delay compensation.

After not getting the flats again, the buyers then approached the National Consumer Disputes Redressal Commission (NCDRC), which in January 2016 directed Parsvnath to pay a penalty of Rs 15,000 per month to complainants with flats in sizes up to 175 sq metres, and Rs 20,000 to the buyers who had bigger flats. Dissatisfied with the judgment, the buyers finally approached the Supreme Court for further relief.

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