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 with interest at 12% per annum. The State Commission allowed the complaint by directing the developer to refund the moneys paid together with interest at 12% per annum and compensation of Rs 5 lakhs. The issue before the Apex court bench comprising Justice DY Chandrachud and Justice Hemant Gupta in the appeal filed by the developer against order of refund was whether the buyer was entitled to seek a refund or was estopped from doing so, having claimed compensation as the primary relief in the consumer complaint.

Consumer Commission Developer Possession Refund Buyer  rs  refund  possession  indefinitely  buyer  developer  period  sc  consumer  commission  required  judgment  wait  compensation  order  read

History of this topic

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat
7 months, 3 weeks ago

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat

Hindustan Times  

New Delhi, Jul 29 The Supreme Court on July 29 upheld an order of the National Consumer Disputes Redressal Commission directing a developer to refund the entire amount paid by the home buyers for delayed possession of their flat. SC upholds order for refund of amount to home buyers by builder for delayed possession of flat A bench of Justices …

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 …

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 …

Buyers Entitled to Compensation from Developers for Delay in Handing Over of Flats: SC
4 years, 7 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 …

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 …

Home Buyers Can Seek Higher Compensation Than Token Amount Specified In Contract For Delayed Delivery Of Possession: NCDRC [Read Order]
6 years, 5 months ago

Home Buyers Can Seek Higher Compensation Than Token Amount Specified In Contract For Delayed Delivery Of Possession: NCDRC [Read Order]

Live Law  

The National Consumer Disputes Redressal Commission has ruled that builders cannot shield themselves behind the clause in the builder-buyer agreement to pay Rs. feet per month as compensation for delay in handing over flats for an “unreasonable” period and that the buyers have the option to seek higher compensation after taking possession of the property, or seek refund. feet per …

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 …

Discover Related