Home buyer – Delay in giving possession – Interest and Refusal to take possession
The Plaintiff was allotted 3 BHK flat in the lottery on 3.1.2010. The eight instalment was deposited on 26.8.2013 on the assurance that timely possession will be given.
However, the possession was delayed and there was demand of additional amount posing the threat of cancellation of allotment. The additional amount was also paid but it did not yield any result.
A home buyer cannot be compelled to take possession of the flat after long time and ordered for refund of entire amount deposited with interest. The allottee is entitled to a refund of the amount paid with reasonable interest from the payment date till the date of refund when possession of the allotted flat is not delivered within the specified time.
Judgment dated 26.3.2025 of the Supreme Court of India in SLP [Civil] No.3802 of 2024 of the Chief Officer, Nagpur Housing and Area Development Board (A MHADA Unit) and others Vs. Manohar Burde
