New Delhi, Feb 4 (LAB) The Supreme Court today directed the Supertech Builders to refund the homebuyers, who had paid for flats in its 40-storey twin tower in Noida, on or before February 28.
A Bench comprising Justice D.Y. Chandrachud and Justice Surya Kant accepted the computation for a refund made to the homebuyers by Amicus Curiae Advocate Gaurav Agarwal in the matter and directed Supertech Builders to follow the deadline and pay by February 28.
Earlier, the Apex Court had ordered the demolition of Supertech’s 40-story twin tower in Noida for violating the safety norms in construction.
Senior Advocate S. Ganesh, appearing for Supertech Builders submitted that Thirty-Eight applications have been filed, seeking a refund of the amount and for impleadment in the case.
Senior Advocate S. Ganesh told the Supreme Court bench that they had a meeting with the Amicus and the amount agreed will be paid to them and assured the court that it will be paid on or before February 28.”
Agarwal submitted that there are 38 homebuyers and if there is a home loan that the purchaser has taken, then the developer can settle the home loan account by March 31.
The Counsel for some homebuyers urged the Court to re-look at settlements reached between their clients and the developer.
Justice Kant emphasized that this controversy should come to an end, otherwise this matter will just go on. Ganesh also urged the court not to re-open the settlements reached between some homebuyers and his client, which the Bench agreed to.
The bench refused to reopen the settlements made earlier between the home buyers and the developers saying,” how can we intervene in this?, We have to observe some fairness to developers also.” “Homebuyers, who have settled and received their dues at the terms of the settlement, will not be disturbed,” the Bench said.
“The payment due to homebuyers has to be made on or before February 28.” said the court said. The bench added that in cases where homebuyers had paid for the flats after availing home loans from the banks, then it has to be settled by the developer before March 3 and a NOC from the financial institution has to be obtained before April 10.
In its August 31, 2021 judgment, the Supreme Court had come heavily on the Builders for having violated the building By-laws pertaining to the safety and security of its residents. The Supreme Court had ordered the demolition of twin towers with immediate effect and also directed Supertech to refund the money to the homebuyers./ LAB/SNG/