SC : Flat buyers are entitled to get compensation for delay in giving possession of the house

SC : Flat buyers are entitled to get compensation for delay in giving possession of the house

On August 24 , Supreme Court stated that the flat buyers are entitled to indemnify for delay in getting right over the house and  for the failure of the developer to comply with the representations made to them in connection with the provision of facilities.

On Monday, A bench of two judges, Justice DY Chandrachud and Justice KM Joseph quashed the order of the National Consumer Disputes Redressal Commission in which it dismissed the complaint of 339 flat buyers on July 2, 2019.

It is noteworthy that the buyers had booked the flat through DLF Southern Homes Pvt Ltd in New Town, DLF, BTM in Begu, Bengaluru and the NCDRC argued 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 5 ₹ per square foot.  The NCDRC said that buyers are not entitled for additional amount for compensation of more than the amount agreed upon in the agreement.

The bench said , NCDRC’s argument on these aspects suffers from an straightforward distortion and fundamental errors of law, which have been seen in the first part of this decision.  SC directed that  we have come to the conclusion that it is insignificant to depart the complaint by the NCDRC. Flat owners are authorized for compensation for delay in giving possession of the house and failure of the builder to fulfill the promise of providing facilities..

By – Priya Kumari

SC : Flat buyers are entitled to get compensation for delay in giving possession of the house