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 buyer in. 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 buyer in taking possession. The Supreme Court now noted that the Full Occupancy Certificate was obtained by the builder in April 2016, and that Ms. Goyal could not have had any further grievance after that.

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History of this topic

Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay
2 months, 3 weeks ago

Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed M/s Ansal Townships Infrastructure Private Limited to hand over possession within two months after obtaining the occupancy certificate and pay interest to the homebuyer for the delay in handing over possession. Authority noted that although the builder was supposed to hand over possession by 19.11.2017 as per Clause 5.1, …

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service
3 months, 3 weeks ago

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a delay in handing possession to the buyer is a continuous wrong and failure to refund for the same, amounts to deficiency in service. Observations by the State Commission The State Commission observed that the complainant qualifies as a consumer under the Consumer Protection Act, as …

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 …

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 …

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 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 …

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