#real estate delay

The Delhi State Consumer Commission held that the two-year limitation period under Section 69 of the Consumer Protection Act, 2019 begins from the date of the offer of possession letter, not the actual physical handover. The complaint filed in November 2020 was time-barred as the offer letters dated June and August 2017 triggered limitation, which expired well before the COVID-19 extension period could apply.

NCDRC rules that builders failing to deliver possession on time must pay interest on the buyer's paid amount as compensation, not just contractual delay penalties. This strengthens consumer rights under the Consumer Protection Act, ensuring financial redress beyond mere delay compensation for homebuyers.

The Maharashtra State Consumer Commission ruled that a flat buyer is entitled to a full refund of ₹8.43 lakh with 10% interest from the date of payment, plus ₹2 lakh compensation for mental harassment due to delayed possession. The order underscores that developers cannot evade liability by citing injunctions or incomplete payments when the project itself is illegal or stalled.

NCDRC upholds 9% interest on refunds for delayed plot possession, reinforcing the Supreme Court's ruling in Experion Developers v. Sushma Ashok Shiroor. The decision sets a binding precedent for real estate disputes, ensuring homebuyers receive statutory interest for developer delays.

Chandigarh State Consumer Commission holds that mutually agreed revised possession date in real estate agreement overrides prior terms; interest payable from revised date only.