'Put Your House in Order or Face Consequences': SC to Supertech on No Refunds to Home-buyers
IANS 12 January 2022
The Supreme Court on Wednesday warned real estate company Supertech of 'consequences' over the non-payment of refund to home-buyers, who had paid for flats in two 40-storey towers which are being demolished on the court's order.
A bench of justices DY Chandrachud and AS Bopanna told counsel appearing for Supertech to keep their house in order and not make deductions, which have not been ordered by the top court.
Senior advocate Ravindra Kumar, representing the Noida authority, informed the top court that the authority has almost finalised the agency, which would conduct the demolition of twin towers of the Supertech Emerald Court housing project.
A contempt plea was filed by home-buyers, who had paid for the flats in two 40-storey towers. Home-buyers have alleged that Supertech called them to collect the refund; however, they were later told that payment would be made in instalments, including certain deductions. The counsel, representing the home- buyers, said the home-buyers are aggrieved with the delay in the refund and also added that the Court order did not mention about any deduction.
In its 31st August judgement, the Supreme Court, besides ordering demolition of Supertech twin towers in Noida and refund for the flat purchasers, ordered prosecution of errant NOIDA and real estate company officials under Section 49 of Uttar Pradesh Urban Development (UPUD) Act for their 'nefarious complicity', which resulted in the construction of towers.
Justice Chandrachud orally told the counsel appearing for Supertech that if the Court order is not implemented, the persons concerned will have to face consequences. The bench made it clear that Supertech cannot make any deduction, which has not been ordered by the Court and scheduled the matter for further hearing on 17th January.
The top court also asked the Noida authority to finalise the name of the agency to conduct demolition and directed to respond on this aspect on 17th January.
On 4th October last year, the Supreme Court on junked an application by Supertech Ltd seeking modification in the Court's direction to demolish its twin 40-storey towers in Noida.
A bench of Justices Chandrachud and BV Nagarathna noted that grant of such a relief is in the nature of a review of the judgement passed by the top court, as it held that its judgement directing demolition of twin towers specifically affirmed the directions which were issued by the Allahabad High Court for the demolition of the towers - T 16 and T 17.
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