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July 20, 2023

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Battle of Vahe Imperial Gardens: NCDRC Case Explained

Buying a home usually comes with the expectation that, after years of saving and making payments, you will eventually get the keys to your own place. For the buyers of Vahe Imperial Gardens in Bengaluru, however, that did not happen as promised. Possession was delayed for years, while several basic facilities were still incomplete. Eventually, the buyers decided to take the builder to the NCDRC.

What Is Vahe Imperial Gardens?

Vahe Imperial Gardens is a project by Vahe Projects Private Limited in Gunjur, Bengaluru. The buyers signed their construction agreements with the builder on 11 September 2013. The agreement stated that the builder had 24 months to hand over the flats after the BBMP approved the building plan. There was also a three-month grace period. BBMP gave the approval on 18 June 2013, so possession was due by 18 September 2015.

How did the case build up?

By this point, most buyers had already paid around 95% to 100% of the agreed amount. Despite having received most of the payments, the builder had still not handed over the flats. An Occupation Certificate had also not been obtained.

The situation became more concerning as the buyers continued to wait:

The builder regularly shared progress reports, but these did not clearly explain the delay or give a definite reason for it.
Payment demand notices continued to be sent to the buyers, even though possession was still not ready.
In January 2018, the builder acknowledged that work related to the permanent power connection was still pending.
BBMP’s notice mentioned that electricity, sewage treatment, drinking water and lifts were yet to be completed. The notice also said that the building was not ready for people to move in and construction rules were not followed.
The builder had already given the buyers another completion date in May 2017, but that still did not work.
By August 2018, the buyers had run out of patience. They sent a legal notice to the builder and later filed a consumer complaint before the NCDRC.

Case Timeline

Date	Event
18 June 2013	BBMP sanctions the building plan
11 September 2013	Construction agreement signed
18 September 2015	Committed possession date, with grace period
13 May 2017	Builder issues a revised timeline
31 January 2018	Builder admits pending power connection work
16 August 2018	Buyers send a legal notice
2019	Case filed before NCDRC as a representative complaint

What the Buyers Wanted

The complaint was filed by the named buyers on behalf of other buyers who were facing the same problems. They filed it under the representative action provision of the Consumer Protection Act.

The buyers were asking for a few things:

Possession of their flats, with all the promised amenities and basic facilities in place.
Compensation for the delay, based on the money they had already paid to the builder.
A refund of the car parking and service tax charges they believed had been wrongly collected.
A refund of the corpus fund, which they said had been collected without proper justification.
Compensation for the stress and harassment they had faced because of the long wait and uncertainty.
Permission to form a buyers’ association under the Karnataka Apartment Owners Act, 1972.

How the Builder Defended Itself

Vahe Projects, however, disagreed with the buyers on several points. Its main arguments were:

It argued that after the sale deed was registered, the buyers could no longer be treated as “consumers” under the law and therefore could not file a consumer complaint.
It said the complaint was filed too late, as more than two years had passed since the sale deeds were registered.
According to the builder, the agreement did not promise an Occupation Certificate, so not having one could not be treated as a violation of the agreement.
The builder also questioned whether a small group of buyers could file a complaint on behalf of all the other buyers in the project.
It further argued that the project was being developed under a joint development agreement with the landowners. Because of this, it claimed there was no direct agreement between the builder and the buyers.

What the NCDRC Ruled

The Commission, led by Presiding Member Justice Ram Surat Ram Maurya and Member Dr Inder Jit Singh, considered the evidence and the arguments from both sides. The builder’s own letter, in which it admitted that some work was still pending, and the BBMP notice about the missing facilities were important pieces of evidence for the buyers.

The Commission did not accept the builder’s objections and ordered the following:

The builder was ordered to pay 6% simple interest each year, starting from 18 September 2015, the date by which possession was supposed to be given, until the buyers finally got their flats.
You can collect the maintenance charges only from the date the buyers took physical possession. If the builder had already collected more than this, it had to refund the extra amount with 9% simple interest.
If any promised amenity was still missing, the buyers could ask for a joint inspection within 30 days of the order. The builder then had two months to act on the inspection findings.
Both the buyers and the builder had to bear their own legal costs.
The payments ordered by the Commission had to be made within three months of the order.

Importantly, this was a representative complaint. So, the order was not limited to just the buyers who were named in the case. It also applied to other buyers in the project who were dealing with the same issues.

Why This Case Matters

The Vahe Imperial Gardens case shows that buyers can still raise their concerns when a builder does not deliver what was promised. Problems like delayed possession, missing amenities and extra charges do not simply go away after signing the sale deed.

If you are facing something similar, a few things from this case are worth knowing:

Keep all your documents and messages ready. Letters, payment demands, progress updates and emails from the builder can become important if you have to take legal action later.
Do not rely only on the builder’s updates. If possession keeps getting pushed back, check the actual status of the project and its approvals wherever possible.
Question charges you do not understand. The buyers in this case challenged charges related to parking, service tax and the corpus fund.
Buyers facing the same problem can join together. A representative complaint can allow several buyers with a common grievance to take up the matter together.
Check the Occupation Certificate. If the builder has not obtained it, that is something buyers should take seriously before accepting possession.

Conclusion

The Battle of Vahe Imperial Gardens shows what documentation and persistence can achieve against a builder who keeps pushing deadlines. After years of delays, the buyers finally got a decision in their favour. The order also addressed the issues that were still pending. For anyone going through a similar situation, the case shows that it is possible to take up these problems and seek a remedy.

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FAQs

1. What was the core complaint in the Vahe Imperial Gardens case?

Buyers had paid nearly the full cost of their flats but did not get possession on time. The builder also failed to get the Occupation Certificate and did not deliver the amenities promised in the agreement.

2. Which court decided this case?

The case was decided by the National Consumer Disputes Redressal Commission (NCDRC), India’s highest consumer forum.

3. What compensation did the NCDRC order?

The builder was ordered to pay 6 per cent simple interest per year from the committed possession date until actual possession, plus a refund of excess maintenance charges with 9 per cent interest.

4. Can buyers still complain after taking possession of their flat?

Yes. The buyers in this case had already taken possession, but the Commission still allowed the complaint since the delay and other violations happened before that point.

5. Does the ruling help only the buyers who filed the case?

No. The complaint was also filed for other buyers dealing with the same issues. So, the order also covers those buyers in the project.

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