NCDRC Orders Deceased Builder’s Heirs to Deliver Pune Flats

The Story in Brief

The National Consumer Disputes Redressal Commission has directed the legal heirs of deceased Pune developer Sanjiv Udhavrao Shelke to hand over two flats in the Shelke Sadan project within six weeks. The buyers had paid Rs79.52 lakh and Rs66.65 lakh against agreed prices of Rs80 lakh and Rs87 lakh. The flats were due by June 2015 and April 2016. The commission said the heirs could not deny responsibility after taking control of construction and asserting rights under the agreements. If possession is not provided, they must refund the full deposits with 9% simple interest and pay Rs50,000 each in litigation costs.

The NCDRC also held that pending civil suits did not prevent the buyers from pursuing consumer complaints. It said the failure to provide lawful possession remained a continuing cause of action, as the project lacked the required completion or occupancy certificate within the agreed period.

The Indian Opinion

The lazy narrative that a builder’s death ends every buyer claim does not fit these facts. Nor should the order be read as an automatic win in every delayed project. The heirs continued construction and relied on the agreements, which made their denial harder to sustain. The practical test is simple: will possession arrive within six weeks, or will the buyers receive the ordered refund with 9% interest?

Source: realty.economictimes.indiatimes.com

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