• Effect of Supreme Court judgement on investors with DLF Manesar

Sir, refer SC judgement dated March 12, 2018 (Civil appeal 8788/2015). 
We invested with DLF to buy a property in DLF Express Green apartment and have paid almost 90% on amount. Last payment was in 2011. Since then we have been waiting for this legal battle be settled. I understand that SC has cancelled the land acquisition. 
Please advise, what is the effect of this judgement on investors like us. Do we get our money back or the do we get the possession of the property on completion.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1. Your money has been lost at all.

2. if the project has been cancelled as it appears then the DLF is bound to return the money of the investors.

3. To get your money back you can send then a written representation.

4. If nothing happens out of your legal notice then file a consume forum for refund wherein you will apart form return your money with interest get adequate damages and commendation as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

Your remedy lies in the following paras of judgment.

(h) The third parties from whom money had been collected by the builder/private entities will either be entitled to refund of the amount from and out of and to the extent of the amount payable to the builder/private entities in terms of above direction, available with the State, on their claims being verified or will be allotted the plots or apartments at the agreed price or prevalent price, whichever is higher.

(m) We are given to understand that a Commission of Enquiry was appointed by the State of Haryana to enquire into certain facts concerning acquisitions in respect of lands in Gurgaon Manesar Urban Complex and that the matter is presently subject matter of challenge in a pending writ petition in the High Court of Punjab and Haryana on account of which further steps are held up. Without expressing any opinion on the merits or demerits of such challenge, we request the High Court to deal with and dispose of the matter as early as possible and preferably within two months from the date of receipt of a copy of this order so that public interest may not suffer by delay in such decision.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

It is better to give them written representation. There is no harm in it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir the money of all the investor is to be returned.The matter was sub judice for time now you can send a legal notice to them asking you money with interest.

The judgement reads that the claim by homebuyers should be raised within one month that is before 12April 2018 for the refund of money. Kindly send your claim to HUDA authorities along with DLF .

The judgement further states "“In cases where, constructions have been erected and the entire project is complete or is nearing completion, upon acceptance of the claim, the plots or apartments shall be made over to the claimants on the same terms and conditions"

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Meaning thereby if the allotted flat to you has been already construct you shall get that from HUDA or HSIDC on verification by them at agreed term and condition.

Also if not then raise you claim you are entitled to your refund .

Kindly meet HUDA or HSIDC authorities as soon as possible for course of action in individual course.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If acquisition of land is set aside you are entitled to refund of your money as possession of flat cannot be delivered to you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You make representation to builder to refund your money with interest as no flat has been delivered to you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hi, the buyers will not be effected .. The projects are been taken over by the government under HUDA and HSIIDC .. The government is under obligation to complete the project..It is also advisable to serve the builder a legal notice and asking him the further course that is need to adopted.. I am based in , Gurgaon , you can contact me In for further legal assistance...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

In that order, court has found that acquisition was dropped to confer advantages and benefits upon the builders/private entities rather than to carry out or effectuate public purpose"

And,

The transactions so entered into between the landholders and the concerned builders/ private entities could not be said to be voluntary and free from any influence and motive was to confer undue advantage on the builders/private entities.

And,

The licenses will stand transferred to Haryana Urban Development Authority/ Haryana State Industrial Development Corporation and ordered CBI inquiry.

You have to apply HUDA/HSIDC, for recovery of possession, if construction completed or nearby completion otherwise refund.

Read below para in reference to buyers.

The third parties from whom money had been collected by the builder/private entities will either be entitled to refund of the amount from and out of and to the extent of the amount payable to the builder/private entities available with the state, on their claims being verified or will be allotted the plots or apartments at the agreed price or prevalent price, whichever is higher. Every such claim shall be verified by HUDA or HSIDC. In cases where, constructions have been erected and the entire project is complete or is nearing completion, upon acceptance of the claim, the plots or apartments shall be made over to the respective claimants on the same terms and conditions....

Read more at: http://www.livelaw.in/sc-comes-rescue-farmers-lost-lands-private-builders-sham-land-acquisition-proceedings-read-judgment/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No without written representation you will not get the money back

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Immediately send a legal notice to DLF for the refund of the payments made by you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may get your money bank or property will be decided by the insolvency professional under the code. But definitely your money will be refunded or you will receive your flat.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

The supreme court verdict is against the builder.

however the investors will be having a relief as per law which may be available by following steps of due process of law either for refund of booking amount or for property.

You may approach the consumer forum for relief and remedy or RERA also for solutions.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Does this mean that without written representation, I can't get my money back?

Without following up the legal process you may not get any remedy to this issue

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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