The Supreme Court has held that a homebuyer can still pursue a claim for compensation for delayed delivery of a flat even after taking possession. The ruling addresses the issue raised in consumer disputes where lower forums deny relief on the ground that the complainant is no longer a “consumer” after accepting possession.
In the case before the court, a Delhi homebuyer became a member of a cooperative housing society in January 2003 and paid the full amount for an allotted flat. After an agreement was signed in 2004, the buyer approached consumer forums in 2005 alleging deficiency in service due to delay and sought compensation. The matter continued for years, with consumer commissions at different levels rejecting the claim. The NCDRC in 2016 dismissed the petition, reasoning that the buyer had taken possession without protest.
The Supreme Court disagrees with that approach. It says compensation for delayed possession relates to the period before possession is actually delivered, and that accepting possession does not automatically erase the right to claim damages for the delay. The court sets aside the NCDRC’s order and directs the consumer commission in Dwarka to decide the complaint within a year.
