#Delayed Possession

The West Bengal State Consumer Commission held that a developer cannot deliver possession without a valid occupancy certificate, awarding the complainant ₹5 lakh compensation and ₹50,000 costs, and ordering delivery of the flat with the certificate within six weeks. The ruling safeguards homebuyers from premature possession and underscores the developer’s obligation to secure statutory clearances before handing over property.

Bombay High Court rules that an allottee’s right to interest under RERA for delayed possession is absolute and cannot be waived by conduct, silence, or acceptance of revised timelines. The judgment clarifies that RERA’s consumer protection provisions prevail over contractual defenses under the Indian Contract Act, ensuring homebuyers are not deprived of statutory remedies.

Delhi State Consumer Disputes Redressal Commission holds builders strictly liable for 'deficiency in service' under Section 2(10) of the Consumer Protection Act for delayed possession and arbitrary charges. The ruling mandates 6% interest on payments and Rs. 1.5 lakh compensation, setting a precedent for homebuyers against unfair builder practices.

Bombay High Court holds that builders cannot evade RERA liability for delayed possession through contractual clauses, reinforcing statutory remedies over private agreements.