SC asks Amrapali home buyers to clear their dues, warns failure may result in cancellation of flats

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 of Justice U U Lalit and Ajay Rastogi 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 a benami property and is being corrected and the final list will be published in two-three days.

Advocate ML Lahoty, assisted by advocate Anchit Sripat appearing for home buyers, said that he had some discussions with officials of the NBCC recently in which they have said that if Rs 200 crores are made available to them, then the company would be in a position to handover around 2000-2500 flats situated in stalled projects of Amrapali Group by December, 2021.

Then the bench asked Lahoty, will all the home buyers especially of these 2000-2500 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.

“Homebuyers want the flats but don’t want to pay the money. They just want the NBCC to construct the flats and hand over to them”, the bench observed.

The bench asked Venkataramani, that why there was such delay by home buyers to pay their dues and suggested that he should issue notice to the persons, who have not cleared their dues saying that if the payments are not paid, their allotments will be cancelled.

Venkataramani said that most of the home buyers are paying their dues as per the payment plan except for those whose payment is through bank loans, which have been stuck for one problem or other.