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[부동산] SC: 집 건축이 지연되고 주택 구매자는 강제로 소지할 수 없다. House delayed, home buyer can’t be forced to take possession: SC
[INDIA REAL ESTATE NEWS] Good morning, everyone. I’m Shubham Pundir staff
of Kamagroup Pvt. Ltd. Here I have important INDIA REAL ESTATE news to share
with you which is as under mentioned.

A builder cannot “impose” upon a buyer to take possession of a ready house if it
is delayed, and the customer is justified in seeking a refund, the Supreme Court
has ordered.

Upholding an order of the National Consumer Disputes Redressal Commission to
a Pune-based builder, an SC bench comprising Justices U U Lalit and Vineet
Saran said, “Even assuming that the villa is now ready for occupation (as asserted
by the appellants), the delay of almost five years is a crucial factor and the
bargain cannot now be imposed upon the respondents. The respondents were,
therefore, justified in seeking refund of the amounts that they had deposited with
reasonable interest on said deposited amount. The findings rendered by the
commission cannot, therefore, be said to be incorrect or unreasonable on any count.”

TOI had reported another case on Sunday where the NCDRC had said that a home
buyer had full freedom on whether to take possession of his/her flat in a delayed
housing project or seek refund and a builder could not refuse to return the amount
on the ground that the flat was ready. This order was passed in a case involving a
project in Gurgaon.

Read more at: https://economictimes.indiatimes.com/wealth/real-estate/house-delayed-home-buyer-cant-be-forced-to-take-possession-sc/articleshow/70530654.cms
Kamagroup Pvt. Ltd.
New Delhi
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