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| Homebuyer can seek compensation for delayed delivery after taking possession: SC | | | Early Times Report
NEW DELHI, June 27: The Supreme Court has said that a homebuyer can seek adjudication of his claim for compensation for the delay in delivery of the flat even after getting its possession.
The apex court set aside a 2016 order of the National Consumer Disputes Redressal Commission (NCDRC), which said that the appellant was not a consumer at the time of filing his complaint alleging a deficiency in service on account of the delay in handing over the possession of the flat, since he had already taken its possession without protest.
A bench of Justices Vikram Nath and V Mohana passed the order on a plea by a homebuyer, who became a member of a cooperative group housing society in Delhi in January 2003 and was allotted a flat, challenging the NCDRC's order.
The top court observed that a claim for compensation for delayed possession necessarily arises from the period prior to the actual delivery of possession.
"The subsequent receipt of possession cannot, by itself, extinguish the right of the allottee to seek adjudication of a claim for compensation for the alleged delay," the bench said in its June 4 order.
The appellant had instituted a consumer complaint before the district consumer forum, alleging a deficiency in service on account of the delay in handing over possession of the flat. |
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