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Home Buyer Ought Not To Be Allowed To Reap Benefits Of Their Own Delay In Taking Possession: Supreme Court

Courtesy/By: Shubham Mathur | 25 Oct 2018

Supreme Court declares that “purchaser ought not to be allowed to reap the benefits of her own delay in taking possession”.

A divisional bench consisting of Justice Abhay Manohar Sapre and Justice Indu Malhotra reduced the time period for computation of the amount and nothing the delay on the part of the buyer in taking possession.

The bench was hearing appeal under Section 23 of Consumer Protection Act, 1986, challenging passed judgement. The dispute concerned a project named ‘Capetown’ developed by the builder in Noida. A flat was allotted by the builder in this development to one Ms. Rajni Goyal in May, 2012, with the Allotment Letter stating that possession would be handed over in October, 2013. Letter allowed an extension of up to maximum period of six months.

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. It, therefore, directed the period of compensation to be computed from May 2014 to April 2016 despite the fact that she approached the commission in March 2017.

Courtesy/By: Shubham Mathur | 25 Oct 2018