NCDRC orders Godrej Projects Development to refund ₹75 lakh to home buyers over 'delays and deficiencies' in Gurgaon housing project

The National Consumer Disputes Redressal Commission (NCDRC) has directed Godrej Projects Development Pvt Ltd to refund ₹75,24,953 to complainants Nitin Sharma and Meenu Sharma for deficiencies in a residential project. The complaint filed in 2019 sought refunds due to unfulfilled promises and issues at the “Godrej Summit” housing project in Gurgaon, Haryana.

In 2012, the Sharmas had booked a 1,269-square-foot apartment in this project, lured by the promise of luxurious amenities and its proximity to the Dwarka Expressway, just 500 meters away. He paid a total of ₹75.24 lakh for the unit. However, despite making the payment on time, he did not receive possession of the unit as promised.

According to the complainants, the project faced considerable delays and changes. While Godrej had issued a possession notice in October 2017, the unit and the project were not ready. Furthermore, the developers had reportedly made changes to the layout plan without informing the buyers, including changes in entry and exit points. Importantly, the promised 24-metre wide road connecting the project to the Dwarka Expressway was not built; Instead, the project was connected to a very narrow 10.06-metre road that passed through a village and slums.

Complainants also cited inadequate water supply, which was being provided through tankers, and unreliable electricity, which came from generators. He alleged that these issues violated the promises made in the project's brochure, which boasted of modern facilities and strategic location.

In its defence, Godrej Projects claimed that the allegations were baseless and aimed at avoiding final payment. The company argued that the 24-metre-wide road was part of a larger development plan approved by the government, but its construction was the responsibility of the state, not the developer. The company also said it has provided an alternative access route through a temporary road to resolve the issue.

After hearing these defences, the NCDRC ruled in favor of the complainants. The Commission found that the promises made in the brochure were integral to home buyers' decision to invest in the project. The absence of a 24 meter wide road and the narrow alternative route, which has been encroached upon by street dwellers, created serious problems, including concerns about emergency vehicle access. The commission also said that the lack of proper water and power supply had further compounded the shortcomings of the project.

NCDRC ordered Godrej Projects Development Pvt Ltd to refund the entire amount of ₹75,24,953 with interest rate of 9% from the respective dates of deposit till the refund is completed.