Delayed occupation of flat and entitled to compensation for not getting facilities as promised: Supreme Court


new Delhi: The Supreme Court said that the flat buyers are entitled to compensation for delay in getting possession of the house and failing to provide the facilities as promised by the builder. The apex court also quashed the July 2, 2019 order of the National Consumer Disputes Redressal Commission (NCDRC), in which 339 flats were filed by buyers complaining that they could not get the facilities in the event of delay or non-fulfillment of promises. Are not entitled to compensation in excess of the amount stipulated in the purchase agreements. Also Read – Petition seeking compensation policy for death from Corona dismissed, Supreme Court said – separate policy for this

It is noteworthy that the buyers had booked the flat through DLF Southern Homes Pvt Ltd in New Town, DLF, BTM in Begu, Bengaluru. Now this company is known from Begur OMR Homes Pvt Ltd. Also Read – Subramanian Swamy’s question – A drug dealer met Sushant on the day of his murder, why?

The project was being developed over an area of ​​27.5 acres and was to be built in 1980 flats, which were to be in 19 multi-storey buildings. Each building had 18 floors. Flat buyers filed complaint with ACDRC requesting compensation for delay in possession, refund of amount of tax and interest under agreement, loss of facilities, amount recovered by builder for electricity, not building club house did. Also Read – NEET Examination Centers not to be set up in Gulf countries, Government to bring students to India under Vande Bharat Mission: Supreme Court

The NCDRC admitted that there was a delay in giving possession of the flat but said that under the agreement, compensation was paid every month at the rate of five rupees per square foot. The NCDRC said that buyers are not authorized for additional amount for compensation of more than the amount agreed upon in the agreement.

While delivering a 53-page judgment on the case, a bench of Justice DY Chandrachud and Justice KM Joseph said, “We have come to the conclusion that the NCDRC dismissal of the complaint is trivial. Flat buyers are authorized for compensation for delay in taking possession of the house and failure of the builder to fulfill the promise of providing facilities. “

The bench said, “The NCDRC’s argument on these aspects suffers from an apparent distortion and fundamental flaws of the law, seen in the first part of this decision.” In this case, the appeal is allowed and we reject the NCDRC’s decision to cancel the consumer complaint of July 2, 2019. Are authorized for.


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