Big decision of Supreme Court: Even after getting possession of the flat, buyers can demand compensation from the builder
New Delhi. The Supreme Court has given an important decision regarding the rights of home buyers. The court has said that if a buyer has got the possession of the flat much later than the stipulated time, then even after getting the possession, he can demand compensation in the consumer forum against the builder. The court clarified that merely acquiring possession of a flat does not deprive a person of his consumer rights.
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The Supreme Court rejected the decision of the National Consumer Disputes Redressal Commission (NCDRC), which had said that after getting possession of the flat, the buyer ceases to be a consumer and cannot demand compensation for the delay. The court said that if a person does not get the flat within the stipulated time, he has every right to demand compensation for the inconvenience and loss caused to him.
During the hearing, the Supreme Court also made it clear that even if there is a clause for arbitration in the agreement between the builder and the buyer, the buyer cannot be stopped from going to the consumer forum. The court said that the rights granted under the Consumer Protection Act cannot be limited through any agreement.
This case was related to a housing project located in Dwarka, Delhi-NCR. Accepting the petition of the buyer, the Supreme Court has directed the concerned consumer forum to hear the case and decide whether there was a delay in handing over the flat or not and if there was, then appropriate compensation should be given to the buyer.
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