Supreme Court Directs Banks to Waive Penalties Against Amrapali Homebuyers

Amrapali group Law Insider

Khushi Gupta

Published on: April 19, 2022 at 15:18 IST 

A Bench of Justice UU Lalit and Justice Bela M Tripathi passed the Order while hearing an application by the Homebuyers for relief and to ensure money is made available for the completion of housing projects.

The bench said, “No penalty will be charged from the homebuyers by Banks since the default was on part of the builder and not by the buyers.”

It allowed the Banks to recover the principal amount with interest from homebuyers.

However, the Liability of homebuyers to make this payment will arise on the date when Possession of flats is handed over and banks will be within their right to take action if any homebuyer defaults on payment as per the present order, the Bench said.

The Court also directed National Buildings Construction Corporation (NBCC) to take all remedial steps to ensure there are no defects in the structures that could pose danger to the lives of residents.

National Buildings Construction Corporation is overseeing the construction and the safety of structures built by the Amrapali Group.

“The concerned Agencies of National Buildings Construction Corporation will look into the matter and find out any such projections that are likely to give in”, the Bench said.

National Buildings Construction Corporation has appointed two expert bodies to carry out a safety Audit of the Structures.

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