NCDRC Grants Full Refund to Homebuyer Despite Offer of Possession for Delayed Handover

In a recent ruling by the National Consumer Disputes Redressal Commission a significant decision has been made favoring a homebuyer over a builder. NCDRC Homebuyer Delayed handover Refund ruling states that obtaining an occupancy certificate does not absolve the builder from delays in offering possession to the buyer. This ruling came about in a case involving Monika Bansal, who had invested in a luxury apartment in Bengaluru's Whitefield area.

Bansal's journey began in 2015 when she booked a high-end apartment worth over INR 6.8 crore at the Windmills of Your Mind project. Originally promised possession in October 2016, numerous delays pushed the handover date to 2017 and eventually to 2020. Despite the builder receiving the OC in 2018, Bansal did not receive the possession as per the agreed timeline.

Upon filing a complaint with the NCDRC in 2019 due to delayed possession offer, Bansal was met with the builder's assertion that the OC had been obtained, therefore no refund was due. Additionally, the builder claimed that Bansal's customization requests and delayed payments contributed to the delays.

The NCDRC dismissed these claims, emphasizing that the builder's possession offer was significantly delayed, irrespective of the OC issuance. It ruled in favor of Bansal, ordering the builder to refund the entire amount paid by her with 9 percent annual interest within two months as a part of the compensation.

The ruling reaffirms consumer protection in real estate transactions, ensuring buyers' investments are safeguarded and developers are held accountable for delayed handover cases.