Delhi HC to Super Tech to Pay Rs 40 Lakh to a Home Buyer

supertech demolition case - law insider

Chaini Parwani-

Published On: October 05, 2021 at 17:40 IST

Delhi High Court urged Super Tech to pay Rs 40 lakh by the end of October to a Home Buyer on whose complaint the National Consumer Panel handed the company’s Managing Director a Jail Term.

A Bench of Justice Amit Bansal extended the Stay on the sentence but demanded that besides Rs 40 Lakh, which will be used by the Homebuyer, Kanwal Batra, to repay his Loan, another Rs 17 Lakh will have to be paid to him by November-end.

The Decision came after the Court was made aware during the hearing that the total amount due to the Homebuyer was around Rs 1.79 crore, out of which Rs 50 Lakh has been paid following the Court’s Order on 24 September 2021.

Since the principal amount involved in the Consumer Dispute was Rs 1.07 crore, the High Court asked the realtor to first clear this, following which the builder would place the payment plan before it.

Advocates Shailesh Madiyal and Vrinda Kapoor, representing Kanwal Batra, demanded that the realtor should pay at least the principal amount in the near future so that Batra could repay the loan.

The Court replied, “You must be reading newspapers about how difficult it is nowadays in these matters. He (Batra) should be grateful for whatever he is getting now. Rather than seeing the glass half empty, see it as half full. The bottom line is that you get back your money.”

Further the Court listed the issue for further hearing on 11 November, 2021 when the realtor will present his payment plan.

Supertech’s MD, Mohit Arora, was sentenced to three-year imprisonment by an order of National Consumer Disputes Redressal Commission (NCDRC).

NCDRC also discharged an arrest warrant against Arora for non-compliance with an earlier order in the case.

Striking a balance, the High Court had directed the realty firm to deposit Rs 50 lakh, out of the outstanding Rs 1.79 crore, in the Homebuyer’s account within a week to show its bona fide to the court.

Advocate Vikas Sethi submitted that the company proposed to pay the whole amount with Rs 10 Lakh installment every month, but the same didn’t pass muster of the bench, which said the amount had to be substantial.

Also Read: Delhi HC: Right to be Forgotten depends on how far it can be Stretched

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