Home-Buyer Cannot Be Expected To Wait Indefinitely For Delivery Of Possession Of Flat: NCDRC [Read Order]
7 years, 5 months ago

Home-Buyer Cannot Be Expected To Wait Indefinitely For Delivery Of Possession Of Flat: NCDRC [Read Order]

Live Law  

In an order that would come to the rescue of several home-buyers, the National Consumer Disputes Redressal Commission has observed that on the failure of the builder to deliver the possession of a flat within the stipulated time, the buyer cannot be made to wait indefinitely.Taking note of the compensation clauses in the builder-buyer agreement, the Commission considered it a case where. In an order that would come to the rescue of several home-buyers, the National Consumer Disputes Redressal Commission has observed that on the failure of the builder to deliver the possession of a flat within the stipulated time, the buyer cannot be made to wait indefinitely. Thereafter, directing refund of the amount with simple interest of 10% per annum, the Bench comprising Mr. Ajit Bharihoke and Mr. Anup K. Thakur observed, "On reading of the above, it is clear that if for any reason, the opposite party is not in a position to offer possession of the apartment, the opposite party company shall refund the amount with simple interest @ 10% p.a. The Commission, however, could not accept Unitech's contention in view of the latter's failure to substantiate the plea with any evidence and observed, "Learned counsel for the opposite party has contended that delay in completing the construction and delivering possession of the subject apartment to the complainant was unintentional and the opposite party was prevented from completing the construction and deliver possession because of circumstances beyond the control of the opposite party.

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History of this topic

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service
3 months, 3 weeks ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that making buyers wait indefinitely for possession amounts to deficiency in service. It directed the builder to pay interest on the amount paid by the complainant at 6% per annum from the end of the grace period until the complaint filing and 9% per …

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony
8 months ago

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony

Live Law  

Punjab Real Estate Regulatory Authority bench, consisting of Balbir Singh, has directed M/s Sushma Buildtech Limited, the builder, to compensate the homebuyers for the mental agony and harassment endured due to a four-year delay in offering possession. Background Facts The homebuyers jointly booked a flat in the builder's project Sushma Chandigarh Grande for a total sale consideration of Rs. Observation …

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date
8 months, 1 week ago

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date

Live Law  

While directing the builder to pay interest to the homebuyer for delayed possession, Maharashtra Real Estate Regulatory Authority bench, comprising Ajoy Mehta, held that builders are aware of market conditions, therefore, they are required to conduct due diligence before declaring the possession date. If the builder fails to complete or is unable to give possession of an apartment, plot, or …

Reasonable Period To Offer Possession Is Three Years If Not Specified In Agreement: NCDRC
8 months, 3 weeks ago

Reasonable Period To Offer Possession Is Three Years If Not Specified In Agreement: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held Purearth Infrastructure liable for deficiency in service due to delay in possession of the booked flat, citing a lack of possession date in the agreement. After several unanswered emails, the complainant sent a legal notice seeking possession and delay compensation, which the builder ignored, leading to the …

MahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation Certificate
11 months, 2 weeks ago

MahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation Certificate

Live Law  

Maharashtra Real Estate Appellate Tribunal bench, comprising of Justice Shri Shriram R. Jagtap and Dr. K. Shivaji, has granted interest to homebuyer for delayed possession by rejecting the builder's contention of late approval of Occupation Certificate due to internal disputes between Maharashtra Housing and Development Authority and Municipal Corporation of Greater Mumbai regarding the issuance of approvals. REAT Verdict MahaREAT …

Compensation Beyond The Date Of The Offer Of Possession Is Not Justifiable: NCDRC
1 year, 2 months ago

Compensation Beyond The Date Of The Offer Of Possession Is Not Justifiable: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra in a case against Shipra Estate, held that compensation for delayed possession is typically granted only until the valid offer of possession. However, even after sending a legal notice asking for compensation for the remaining committed period, including beyond the date of the offer of possession, the developer did not …

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]
4 years, 4 months ago

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date of the registration of the project under the Real Estate Regulation and Development Act.A division bench comprising Justices UU Lalit and Vineet Saran made this observation in the judgment in …

Buyers Entitled to Compensation from Developers for Delay in Handing Over of Flats: SC
4 years, 6 months ago

Buyers Entitled to Compensation from Developers for Delay in Handing Over of Flats: SC

News 18  

The Supreme Court on Monday held that the flat buyers are entitled to compensation for "delayed handing over of possession" and for the failure of the developer to fulfil their promises with regard to amenities. The top court set aside the verdict of the National Consumer Disputes Redressal Commission which, on July 2, 2019, had dismissed the complaints of 339 …

'Homebuyers Cannot Be Made To Wait Indefinitely For Possession' : NCDRC Directs Developer To Refund Money [Read Judgment]
5 years, 6 months ago

'Homebuyers Cannot Be Made To Wait Indefinitely For Possession' : NCDRC Directs Developer To Refund Money [Read Judgment]

Live Law  

NCDRC has held that purchasers cannot be made to wait indefinitely for possession of building unit, and has directed real estate developer Golden Peacock Residency Pvt. The order came on a complaint filed by one Alok Kumar under Section 21 of the Consumer Protection Act, 1986 against the developer Golden Peacock Residency Pvt. The complainant Alok Kumar submitted that he …

Buyer Cannot Be Required To Wait Indefinitely For Possession: SC Asks Developer To Refund The Buyer [Read Judgment]
5 years, 11 months ago

Buyer Cannot Be Required To Wait Indefinitely For Possession: SC Asks Developer To Refund The Buyer [Read Judgment]

Live Law  

A buyer cannot be required to wait indefinitely for possession, said the Supreme Court while affirming Consumer Commission order directing the developer to refund the amount to the buyer. In 2011, the buyer approached the consumer commission and prayed for possession of the Row House and in the alternative for the refund of the amount paid to the developer together …

Force Majeure Not Ground For Builder To Seek Condonation Of Delays In Giving Possession Of Flats [Read Order]
6 years, 3 months ago

Force Majeure Not Ground For Builder To Seek Condonation Of Delays In Giving Possession Of Flats [Read Order]

Live Law  

Availability of land and approvals from competent authorities are fundamental requirements of a housing project and the responsibility of builder and non-fulfillment of its overall responsibilities of project planning, execution and completion are not grounds for condoning or overlooking delay in completion and handing over possession of residential units, the National Consumer Disputes. Availability of land and approvals from competent …

Home Buyer Ought Not To Be Allowed To Reap Benefits Of Their Own Delay In Taking Possession: SC [Read Judgment]
6 years, 5 months ago

Home Buyer Ought Not To Be Allowed To Reap Benefits Of Their Own Delay In Taking Possession: SC [Read Judgment]

Live Law  

The Supreme Court on Tuesday asserted that “purchaser ought not to be allowed to reap the benefits of her own delay in taking possession”.Consequently, while upholding compensation to a disgruntled home buyer, a bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra reduced the time period for computation of the amount, noting the delay on the part of the …

Home Buyer Ought Not To Be Allowed To Reap Benefits Of Their Own Delay In Taking Possession: SC [Read Judgment]
6 years, 5 months ago

Home Buyer Ought Not To Be Allowed To Reap Benefits Of Their Own Delay In Taking Possession: SC [Read Judgment]

Live Law  

The Supreme Court on Tuesday asserted that “purchaser ought not to be allowed to reap the benefits of her own delay in taking possession”.Consequently, while upholding compensation to a disgruntled home buyer, a bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra reduced the time period for computation of the amount, noting the delay on the part of the …

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