Supreme court seeks details of delayed projects in NCR
Real Estate

Supreme court seeks details of delayed projects in NCR

Supreme Court has sought details of delayed housing projects in NCR where homebuyers, who took loans under subvention plan to fund their dream homes, are being harassed by financial institutions because of developers not completing the project and also for not paying EMI to banks as per the agreement.

Under the subvention scheme, banks disburse the sanctioned amount directly to the accounts of the builders, who were then to pay EMIs on the sanctioned loan amount, until possession of the flats are handed over to the homebuyers. As builders started defaulting in paying the EMIs to the banks as per the Tripartite Agreement, the banks initiated action against the buyers to recover the EMIs instead.

As hundreds of homebuyers approached the court against banks for taking coercive action against them for default of builders in paying EMIs, a bench of Justices Surya Kant and Ujjal Bhuyan decided to take a comprehensive look at the problem to explore ways to resolve the issue. The bench sought all details regarding payment made by builders and buyers to the banks, status of the project and the proceedings going on against default builders in different forums including under Insolvency and Bankruptcy Code (IBC) The bench directed petitioner homebuyers, builders and banks to furnish these information regarding different projects--(i) The status and details of payments made by builders to banks or payments by the home-buyers to banks/ builders, (ii) The date of offering possession where the project is stated to have been completed, (iii) The current status of completion of the project (iv) The status of recovery from the home-buyers, (v) The amenities advertised by the builders at the time of launching projects and the status re: completion thereof, (vi) The status as to whether the builder-cum developers has undergone CIRP (under IBC) or any other coercive or non-coercive recovery procedure, and the stage of such proceedings, (vii) Whether the home-buyers received any relief from the statutory authorities like Real Estate Regulatory Authority (RERA). If so, the details of such orders be also furnished.

The bench had earlier granted relief to the homebuyers and directed that no coercive action be taken against them by banks or builders regarding payment of EMI and no complaint should be entertained against them for cheque bounce cases. A large number of homebuyers had approached Delhi High Court which had in 2023 refused to grant them relief, saying that there were alternate remedies available to them and they thereafter knocked the doors of the apex court. One batch of the homebuyers, represented by advocate Anshul Gupta, submitted that they were victims of illegal disbursal of loan by the bank directly into the account of the builder in violation of RBI guidelines, which are statutory in nature.

Supreme Court has sought details of delayed housing projects in NCR where homebuyers, who took loans under subvention plan to fund their dream homes, are being harassed by financial institutions because of developers not completing the project and also for not paying EMI to banks as per the agreement. Under the subvention scheme, banks disburse the sanctioned amount directly to the accounts of the builders, who were then to pay EMIs on the sanctioned loan amount, until possession of the flats are handed over to the homebuyers. As builders started defaulting in paying the EMIs to the banks as per the Tripartite Agreement, the banks initiated action against the buyers to recover the EMIs instead. As hundreds of homebuyers approached the court against banks for taking coercive action against them for default of builders in paying EMIs, a bench of Justices Surya Kant and Ujjal Bhuyan decided to take a comprehensive look at the problem to explore ways to resolve the issue. The bench sought all details regarding payment made by builders and buyers to the banks, status of the project and the proceedings going on against default builders in different forums including under Insolvency and Bankruptcy Code (IBC) The bench directed petitioner homebuyers, builders and banks to furnish these information regarding different projects--(i) The status and details of payments made by builders to banks or payments by the home-buyers to banks/ builders, (ii) The date of offering possession where the project is stated to have been completed, (iii) The current status of completion of the project (iv) The status of recovery from the home-buyers, (v) The amenities advertised by the builders at the time of launching projects and the status re: completion thereof, (vi) The status as to whether the builder-cum developers has undergone CIRP (under IBC) or any other coercive or non-coercive recovery procedure, and the stage of such proceedings, (vii) Whether the home-buyers received any relief from the statutory authorities like Real Estate Regulatory Authority (RERA). If so, the details of such orders be also furnished. The bench had earlier granted relief to the homebuyers and directed that no coercive action be taken against them by banks or builders regarding payment of EMI and no complaint should be entertained against them for cheque bounce cases. A large number of homebuyers had approached Delhi High Court which had in 2023 refused to grant them relief, saying that there were alternate remedies available to them and they thereafter knocked the doors of the apex court. One batch of the homebuyers, represented by advocate Anshul Gupta, submitted that they were victims of illegal disbursal of loan by the bank directly into the account of the builder in violation of RBI guidelines, which are statutory in nature.

Related Stories

Gold Stories

Next Story
Resources

Schindler named among Forbes’ World’s Best Employers 2026

Schindler has been named among Forbes’ World’s Best Employers 2026, a global ranking recognising companies for their workplace environments.Compiled by Forbes in partnership with Statista, the ranking is based on independent employee feedback, including whether employees would recommend their organisation to friends and family.The company said the recognition reflected its focus on creating a workplace where employees can develop their expertise and build careers. ..

Next Story
Infrastructure Urban

India needs an export-execution mindset: Vishesh Jain

Interview with Vishesh Jain, Founder & CEO, EximpleWhat gaps in India’s global trade ecosystem led you to build Eximple, and what problem did you see businesses struggling with most?Eximple came out of a problem that all three founders had seen from different choke points in the trade ecosystem. India has millions of MSMEs and manufacturers, and many of them can make products that are genuinely competitive on quality. Yet only a small fraction is able to build meaningful international businesses. In our experience, the gap is usually not manufacturing capability; it is the ability to exe..

Next Story
Building Material

Nuvoco reports 13.5% revenue growth in Q2 FY27

Nuvoco Vistas Corp. Ltd. reported consolidated revenue of Rs 27.9 billion for Q2 FY27, up 13.5% year on year. Cement sales volume rose 9% to 4.7 million tonnes (MMT), while EBITDA increased 11% to Rs 4.11 billion.The company said it began its cement operations in 2014 with a 2.3 MMT per annum (MMTPA) operation at Nimbol. It now aims to reach 35 MMTPA of cement capacity by FY28, nearly 15 times its initial capacity. Its portfolio spans cement, ready-mix concrete and modern building materials.On sustainability and cost efficiency, Nuvoco partnered with CleanMax for a 46.4 MW wind-solar hybrid re..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code