SANJAY RAGHUNATH PIPLANI AND ANR  Vs NATIONAL BUILDINGS CONSTRUCTION CORPORATION DELHI AND ANR -Judgment by Delhi High Court

$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31st January, 2023
+ W.P.(C) 824/2023 and CM APPL. 3170/2023, 3171/2023
SANJAY RAGHUNATH PIPLANI AND ANR ….. Petitioner
Through: Mr. Prabhat Kaushik, Advocate
versus
NATIONAL BUILDINGS CONSTRUCTION CORPORATION DELHI AND ANR ….. Respondents
Through: Mr. Ray Vikram Nath & Mr. Pranay Kumar, Advocates for R-1.
Mr. Chiranjeev Kumar, Sr. Panel Counsel with Mr. Mukesh Kumar Sachdeva, Advocate for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.
2. The present writ petition has been filed by the Petitioners seeking directions to the Respondents to provide an alternate accommodation in the vicinity of the flat that was booked by the Petitioners, or in the alternative, refund the amount that was paid by the Petitioners along with interest.
3. The case of the Petitioners is that they had booked a flat in NBCC Green View Apartments (hereinafter �subject project�) which was to be constructed by Respondent No.1- NBCC at Sector 37-D, Gurgaon, Haryana. The Petitioners had paid the full booking amount on 23rd June, 2012 and had received the allotment letter on 2nd November, 2012. The �No Dues Certificate� was issued by the said Respondent on 21st October, 2020 and the entire consideration was paid by the Petitioners sometime in December, 2017 itself.
4. Thereafter, a possession letter in respect of Flat no. C2.3 was given by NBCC on 30th January, 2021. However, the physical possession was not handed over on the ground that the said flat was not ready according to specifications mentioned in the allotment contract and the Petitioners were assured that an alternate temporary accommodation i.e., Flat No. B-1202 was to be given to the Petitioners for a period of 6 to 8 months until the originally allotted flat C2.3 was ready.
5. In the meantime, other allottees who took possession of their flats noticed several cracks in the flats in the building. Thereafter, NBCC engaged Structural Experts from IIT, Delhi for the subject project which, vide report titled �Structural Condition of NBCC Greenview, Sector 37D, Gurugram� dated 6th October, 2021, recommended that all the residents would have to be evacuated from the subject project.
6. At that stage, the NBCC assured the Petitioners that they would have to move out from the alternate flat also but rental accommodation would be provided. Thereafter, in lieu of rental accommodation, monthly rent was being paid by NBCC to the Petitioners. The same has also been stopped with effect from September, 2022.
7. The grievance of the Petitioners is that despite receiving the entire sales consideration for the flat, no alternate flat or monthly rent in lieu thereof, is being provided to the Petitioners. In the present petition, the Petitioners further pray for refund of the entire consideration along with interest at 15% per annum.
8. On the last date of hearing i.e, 23rd January, 2023, ld. Counsel for the NBCC was to take instructions in respect of alternate accommodation.
9. Today, ld. Counsel for NBCC has obtained instructions and submits that the Petitioners herein have already approached RERA in Gurgaon. He further submits that there are more than 250 flat buyers in the subject project, some of whom have already approached the NCDRC and a comprehensive solution is being explored by the NCDRC.
10. On the other hand, ld. Counsel for the Petitioners submits that they are under tremendous distress, because of which they approached RERA in Gurgaon. However, he is not pursuing the said complaint.
11. Heard. The petition reveals some glaring facts about NBCC�s project in question. NBCC appears to have engaged contractors for the purposes of constructing the building in question. IIT Delhi’s report which has been placed on record shows that the structure is not even safe for habitation for any residents and there are multiple flaws in the building including signs of distress.
12. It is under such circumstances that the offer of an alternate accommodation was made by NBCC to the Petitioners and even the same was not honoured and only monthly rental to the tune of Rs.14,000/- is stated to have been paid on a monthly basis. There is correspondence on record as of October, 2022 where NBCC has resiled from the obligation to pay rental. The said e-mail dated 10th October, 2022 reads as under:
�Dear Sir/Madam,
This has a reference to your communication with regards to payment of rentals vide email dated 09-10-2022 and all related communication. In this connection your attention is invited to NBCC letter bearing no/NBCC/GV/RENT/ 401 dated 08-09-2022 in which it has been intimated that NBCC is constrained not to pay rentals beyond 30-11-2022.
Further in connection with your request for increasing rentals after 27-08-2022, NBCC has already intimated to you that the difference in rentals from 27-08-2022 to 30-11-2022 if any, shal be reimbursed to you on production of rent receipt or any other credible document, subject to a max limit of RS.30.000/- Per month, �

13. Considering the above facts, this Court is of the opinion that NBCC cannot leave the Petitioners in the lurch in this manner after having received the entire sale consideration. The safety of the apartment complex which is constructed under the supervision of NBCC is purely its own responsibility. It cannot resile from the obligation to provide alternative accommodation or to pay rental in lieu thereof. Prima facie, the stand of NBCC would have to be looked into in this matter.
14. Therefore, as an interim measure, it is directed that NBCC shall pay a sum of Rs.30,000/- per month to the Petitioners after deducting TDS as may be required till the time reply of NBCC is filed on record.
15. The said amount shall be credited, to the bank account of the Petitioners to which payments were being made, for the months of December, 2022 and January, 2023. The same shall be paid on or before the 10th of every month to the Petitioners.
16. Ld. counsel for the Petitioners assures the Court that though the RERA complaint has been filed, the same would not be pursued and would be withdrawn by the Petitioners.
17. Let a reply be filed by the Respondents within a period of four weeks. Rejoinder be filed within a period of two weeks, thereafter.
18. The reply of NBCC shall also deal with the reasons as to why such a situation arose in the subject project and what is the action that NBCC has taken in respect of this project.
19. List before the Registrar on 30th March, 2023.
20. List before the Court on 23rd May, 2023.

PRATHIBA M. SINGH
JUDGE
JANUARY 31, 2023
Rahul/SK

2023/DHC/000725

W.P.(C) 824/2023 Page 2 of 2