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Supreme Court of India 2018-10-23 partly_allowed

Supertech Ltd vs Rajni Goyal

Bench: 2 — Indu Malhotra

In Brief

A purchaser booked a residential flat with a builder, with possession scheduled for October 2013. The builder delayed delivery and issued a pre-possession letter in October 2015 demanding additional charges. The purchaser complained before the National Consumer Disputes Redressal Commission, which awarded compensation for delay. The Supreme Court modified this award, holding that delay should be calculated from 6 months after the scheduled date (accounting for a contractual grace period), and compensation should end when the Occupancy Certificate was obtained—not when possession was actually taken. The purchaser could not claim additional compensation for their own subsequent delay in accepting possession.

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Consumer Protection Real Estate Defective Service Compensation Delay in Possession

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