The 14-Year Wait: NCDRC Orders Godrej to Refund ₹89 Lakh Over Missing Access Road
The 14-Year Wait: NCDRC Orders Godrej to Refund ₹89 Lakh Over Missing Access Road
By Advocate Amarjeet Singh, PRAN Foundation
In a major relief for homebuyers, the National Consumer Disputes Redressal Commission (NCDRC) has ruled that developers cannot hold onto a consumer's capital indefinitely by citing "external" infrastructure delays.
The Commission, led by President Justice A.P. Sahi and Member Bharat Kumar Pandya, recently ordered Godrej Premium Builders Pvt. Ltd. to refund the entire principal amount of ₹89.24 lakh plus interest to a homebuyer in the Godrej Summit project (Sector 104, Gurgaon).
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The NCDRC’s Key Findings
The order dismantles several common defenses used by developers to justify incomplete infrastructure:
Brochures are Binding Commitments: The NCDRC held that the 24-metre-wide access road connecting the project to the Dwarka Expressway was a "vital and major component" that attracted the buyer. Since this road was clearly promised in the promotional brochure, failing to provide it constitutes a clear deficiency in service.
The "Indefinite Wait" Doctrine: The Commission rejected the builder's excuse that the road was the responsibility of state authorities (HSVP/HUDA). It noted that the complainant, Inderdeep Singh, had been waiting since September 2012—nearly 14 years. A buyer cannot be forced to wait a decade and a half for basic connectivity.
Hollow Occupation Certificate (OC): The NCDRC looked beyond the paperwork. Despite the developer having an OC since 2017, the Commission noted the project lacked a permanent water connection (relying on tankers) and stable electricity, rendering the "possession" effectively ineffective for habitation.
Substandard Alternatives: The developer's attempt to provide a 10-metre wide "revenue rasta" (village road) as an alternative was deemed an inadequate diversion from the high-standard access promised in the original plan.
The Financial Order
Full Refund: Refund of the entire ₹89.24 lakh principal.
9% Interest: Simple interest per annum from the date of each payment until realization.
Default Penalty: If the refund is not made within one month, the interest rate escalates to 12% per annum.
The PRAN Advocacy: Why This Matters
At PRAN Policy Research Action Network Foundation, we believe that "Public Right" includes the right to truthful advertising and contractual fairness. This judgment reinforces that:
Possession is not just a key; it is a quality of life.
State delays do not exempt developers from private contractual obligations.
If you are a homebuyer whose "premium" apartment is currently accessed via a narrow, encroached village road rather than the highway promised in the brochure, this NCDRC order provides the legal precedent you need to seek a full exit with interest.
Is your developer citing "government delay" as a reason for your lack of amenities?
Let’s analyze your builder-buyer agreement together. Connect with us at
#NCDRC #ConsumerRights #GodrejSummit #RealEstateLaw #GurgaonHomebuyers #LegalAdvocacy #PRANFoundation #PropertyRefund #DwarkaExpressway #ConsumerProtection
Source Credit: https://indianexpress.com/article/legal-news/ncdrc-orders-godrej-premium-builders-refund-89-lakh-dwarka-expressway-road-delay-10512587/