NCDRC – Landmark Interim Order for Fit-Out Possession & Protection of Home Buyers

Comments on the post of Swastik Verma and the Order dated  30.10.2026  of the National Consumer Disputes Redressal Commission in Consumer Complaint No.NC/CC/109/2026 with connected matters of Dr.Manish Vaish and others   Vs.  M/s Sunrise  Projects Private Limited and others

IA/9778/2026 has been moved praying that since the applicants/ complainants have already paid the entire consideration amount, directions be issued for handing over fit-out possession and restraining the opposite parties from creating any third party rights.  A further prayer has been made to call upon the opposite parties not to compel the complainants to execute the draft letter/addendum as proposed by the opposite parties.  A request for restraining the opposite parties from cancelling or terminating the allotment has also been made.

It is also alleged that neither the occupation or completion certificate has been obtained nor the registered conveyance deed has been tendered nor any lawful possession delivery has been offered and therefore the deficiency continues, yet the complainants having paid the entire consideration are entitled at least for fit-out possession.

It is therefore prima facie evident that the opposite parties have delivered fit-out possession to those who have paid their consideration but there is an insistence of signing of some forms that include conditions of waiver.  We are of the opinion that the rights of the complainants cannot be prejudiced by compelling the complainants to sign certain forms and therefore to that extent the fit-out possession cannot be withheld for the said reason.  However, since the parties are contesting their claims, it would be appropriate at this interim stage to issue necessary directions.

We therefore provide that the unit allotted and booked by the complainants shall not be cancelled by the opposite parties nor will they create any third party rights therein.         The opposite parties shall handover fit-out possession to the complainants in the background that the entire consideration money has been paid and in the event the opposite parties compel the complainants to fill up any forms which are likely to adversely impact the rights of the complainants or touching upon the merits of the present complaint, then such signing of the forms or otherwise will not in any way prejudice the rights of the complainants and shall be without prejudice to any contentions or reliefs prayed herein.