National Consumer Disputes Redressal Commission (NCDRC), presided by Justice J M Malik, has said that NRIs can purchase house in India. The decision from NCDRC comes while directing a firm named Supertech Ltd, to pay around Rs. 64 lakh to an NRI, to whom it denied possession of a flat in Greater Noida in Uttar Pradesh.
Supertech Ltd is now asked to pay Rs. 63,99,727 to Reshma Bhagat and her son, Tarun Bhagat, who booked a flat in firm’s project in 2008. The possession was supposed to be given to the complainant in 2009. When the scheduled event did not happen, then the complainant approached consumer commission, seeking Rs 1.40 crore from the firm for damages, interests and refund.
The builder opposed the plea of the Bhagats, saying that the flat was booked in the name of Tarun, an NRI. Moreover, the firm claimed that the flat was booked solely to earn profit and not for residing purpose and hence, he cannot be considered as a ‘consumer’.
The apex consumer commission rejected the firm’s contention saying “It cannot be made a rule of thumb that every NRI cannot own a property in India. NRIs do come to India, every now and then. Most of the NRIs have to return to their native land. Each NRI wants a house in India. He (Tarun) is an independent person and can purchase any house in India, in his own name.”
The consumer commission has also rejected the firm’s claim that the mother-son duo were offered an alternative flat which they rejected. Besides, the commission has directed the firm to pay Rs 63,99,727 to the complainant.
NRIs Can Purchase House In India: What’s Our Take?
A Non-Resident Indian or an NRI, is a citizen of India who temporarily migrates to some other country for an uncertain duration (six months or more) for different reasons like education, employment etc.
We believe that NCDRC has made a commendable decision, that NRIs who return to the country “every now and then” can purchase house in India. It will boost real estate investments by NRIs in the country. Moreover, with their own house in India, NRIs would be able to settle in the country whenever they wish to, in future.
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