13-year wait ends with no keys: US-based techie wins refund after Hyderabad builder abandons project; told to be freed from loan dues too
HYDERABAD: A US-based software professional who booked a flat in Hyderabad 13 years ago has finally won a legal battle, but not the home he hoped for. The Telangana consumer court has ordered the builder to refund 12.5 lakh with interest and pay damages for abandoning the project, despite collecting most of the flat's cost.
Krishna P Evuru had booked a unit in the 'Green Grace' apartment project at Khajaguda in June 2010. He paid 12.5 lakh upfront and took a home loan of 43.6 lakh. The builder had promised possession by June 2012, but the project was never completed.
In 2016, Krishna through his general power of attorney holder in Hyderabad approached the consumer forum seeking a refund and compensation. The commission found the builder guilty of "deficiency in service," noting that construction was abandoned even after collecting over 90% of the flat's cost.
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After a 13-year legal battle, a US-based software professional has won a consumer court case against a Hyderabad builder. The court ordered a refund of ₹12.5 lakh with interest and compensation for abandoning the 'Green Grace' apartment project after collecting a significant portion of the cost.
It also held the developer responsible for violating state norms by collecting more than 20% of the amount without showing adequate construction progress. The builder claimed delays were due to economic slowdown and political turmoil during Telangana's bifurcation. The builder also blamed the buyer for halting payments. However, the commission rejected these arguments, stating the developer had no valid justification for abandoning the project.
Meanwhile, the bank that sanctioned the home loan was cleared of any wrongdoing. The court noted that it had disbursed funds in phases based on the buyer's approvals and construction updates. The commission directed the builder to refund 12.5 lakh with 9% annual interest, pay 1 lakh for mental agony, and 50,000 in legal costs. It dismissed the buyer's plea to recover home loan EMIs and pre-EMI payments, citing lack of evidence.
However, to protect the buyer from future liability, the court ordered the builder to obtain a "no due certificate" from the bank and hand it over to the buyer. It also held that if any loan amount remained due after recovery under the SARFAESI Act, the builder must pay it. "Opposite party (builder) is bound to clear the loan dues, if any, even after recovery proceedings," the court said.
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