In Brief
This appeal concerns 339 flat buyers who purchased apartments in Westend Heights, a DLF project in Bangalore, facing delays of 2-4 years in possession. The National Consumer Disputes Redressal Commission had dismissed their complaint, holding that buyers who took possession or executed deeds forfeited compensation claims and were bound by contractual compensation of Rs 5 per sq ft per month. The Supreme Court set aside this judgment, holding that flat buyers are not constrained by manifestly one-sided contractual terms limiting compensation when delays are substantial. The Court held that execution of a conveyance does not bar compensation claims, and that compensation for delayed possession and failure to provide amenities must be awarded at 6% simple interest per annum on amounts paid, in addition to contractual compensation.
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