NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Bharatkumar Pandya, President, Saroj Yadav, Member
Renuka Nair – Appellant
Versus
Experion Developers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. builder's delay in possession delivery. (Para 1 , 2) |
| 2. arguments regarding compensation entitlement. (Para 4 , 6) |
| 3. court's reasoning on possession timeline. (Para 5) |
| 4. consumer protection principles. (Para 7) |
ORDER
PER BHARATKUMAR PA ND YA. MEMBER
1. This is a complaint involving builder-buyer dispute wherein the complainant prays for delay compensation from the OP builder in handing over the possession of the apartment. Brief facts of the case are that complainant had executed Apartment Buyers Agreement (ABA) with the OP builder on 15.07.2013 and as per Clause-10 of the Agreement;; possession was to be offered within a period of 42 months with a further grace period of six months. The 48 months period for handing over possession expired on 15.07.2017, but OP builder failed to offer or handover possession by that date. OP builder breached the contractual obligation as set out in Clause-10 of the Agreement and actual possession of the flat was finally handed over much later on 20.04.2018 after the conveyance was executed on 13.04.2018. The offer of possession along with the final demand letter was sent by the OP on 07.12.2007 and the amount demanded was promptly pai


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