Homebuyers' Rights: Even after taking possession, you can seek compensation from the builder. Supreme Court clarifies liability for damages.

Flat Delay Compensation: Ruling in favor of homebuyers, the Supreme Court stated that a buyer can claim compensation from the builder for a delay in receiving the flat, even after taking possession.

Supreme Court Homebuyer Verdict: The Supreme Court has delivered a significant and relieving verdict for homebuyers. The Court clarified that if a flat's delivery is delayed due to a builder's negligence, the buyer retains the right to claim compensation for that delay even after taking possession. Merely receiving the keys to the flat does not extinguish the buyer's right to seek redress for the builder's delay.

The Supreme Court bench observed that a homebuyer's claim is not limited solely to obtaining ownership rights of the flat. If you have suffered financial loss or hardship due to the delay, you are entitled to seek compensation for it.

Does the right remain even after taking possession?

This matter stemmed from a complaint filed by a homebuyer against a builder regarding a delay in the delivery of the flat. The buyer sought compensation for the losses incurred due to the delay.

However, the builder sought to resolve the matter by citing an arbitration clause in the agreement. After passing through the District Forum and the State Commission, the case reached the NCDRC, where the buyer's petition was dismissed on the grounds that they had already taken possession of the flat before filing the complaint.

Rejecting this argument, the Court stated that the objective of the buyer's complaint was not to obtain possession of the flat, but to seek compensation for losses caused by the delay. Therefore, a claim for compensation can be made even after taking possession.

What should the buyer do?

Gather evidence: Keep a safe copy of the agreement that specifies the scheduled date of possession.
File a complaint: You can lodge your complaint with the state's RERA authority or a consumer court. Consult a lawyer: The right to approach the consumer court remains intact, even if the agreement contains an arbitration clause.