Clear dues or face flat allotment cancellation, says SC

Top court warns it will classify the units as unsold inventory after a section of home buyers of Amrapali Group fails to pay instalments
Supreme Court
Supreme Court

NEW DELHI:  The Supreme Court on Friday warned that the flat buyers of Amrapali Group who are not clearing their dues as per the payment plan should not be in any kind of delusion as their units can be cancelled and will be considered as unsold inventory. 

A special bench observed that the home buyers are under the impression that the court is facilitating construction of their stalled flats and managing funds and they are at a convenience to pay their dues, whenever they like. “They will have to strictly follow their payment plans else their unit will be cancelled and will be considered as unsold inventory,” the bench said. 

The bench while referring to home buyers said, “It’s like you have been given lassi (buttermilk) and now you want malai (cream) on top of that.”  The top court remarks came after senior advocate R Venkataramani, appointed as court receiver submitted that some mistakes have been noticed in the list of 9,538 flats, which are unclaimed or booked on a fictitious name or are benami property and is being corrected and the final list will be published in two-three days.  

Advocate ML Lahoty, appearing for home buyers, said he had some discussions with officials of the NBCC recently in which they have said that if `200 crore are made available to them, then the company would be in a position to handover around 2,000-2,500 flats situated in stalled projects of Amrapali Group by December, 2021. 

Then the bench asked Lahoty, will all the home buyers especially of these 2,000-2,500 units be able to clear their dues by October 15 as per the payment plan. The bench said that it can direct that if the home buyers fail to make payment of their dues their entitlement to the flats may be cancelled. 

The apex court in its July 23, 2019 verdict had cracked the whip on errant builders for breaching the trust reposed by home buyers and ordered the cancellation of the registration of the Amrapali Group, and ousted it from prime properties in the NCR by nixing the land leases. Amrapali Group directors are behind bars on the top court’s order. 

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