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2023 Supreme(Del) 795

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Court On Its Own Motion – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Gautam Narayan, ASC, for the Respondent No.1/GNCTD.
Mr. Ramesh Babu, Ms. Manisha Singh & Ms. Jagriti Bharti, Advocates, for the Respondent No.2/RBI.
Mr. Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Mr. Madhav Bajaj, Ms. Kunjala Bhardwaj, Ms. Shreya V. Mehra & Mr. Yash Upadhyay, Advocates, for the Respondent No.3/UOI.
Mr. Siddharth Panda, Advocate, for the Respondent/L&B Deptt, GNCTD.

JUDGMENT

Subramonium Prasad, J. This Hon'ble Court was pleased to convert a letter of one Sh. Vinod Kumar Naugain into the present writ petition, in the nature of a Public Interest Litigation. Through the letter, the Complainant before this Court seeks the issuance of directions to the Central Government to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans, including those buyers who haven't been given possession of their flats by their builders and are still paying monthly instalments towards EMI payment, and are thus unable to claim tax benefits on the payment of such monthly interest amounts. The Complainant prays for the formulation and implementation of a scheme that conclusively addresses the grievances of other home buyers who may not have the capacity to approach courts/forums to seek redressal against builders. The prayers, as sought for, are as follows:

    "1. Grant full tax benefit 'from the date of payment of-first instalment of EMI to the Bank' to all those home buyers who have taken home loan from the banks but possession of their dream home is delayed due to the fault of the builder; or

    2. Even if the project is not del

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