After 9-year delay in handing over possession of flat, woman gets over Rs 1 crore as compensation

“The opposite party (Raheja Developers) has clearly defaulted in its contractual obligations of completing the project, to obtain the occupancy certificate, offer possession of the flat within the time stipulated in the Agreement [or within a reasonable period thereafter],” noted the NCDRC, pointing out that the possession was still not given to the complainant after almost nine years of the stipulated time.

Raheja, on the other hand, argued that the project had remained incomplete due to “force majeure” circumstances, like providing infrastructure facilities such as roads, sewerage, water, schools, and hospitals by the government or its nominee agencies such as HUDA and GMDA.

The blame for the delay was also put on issues of land acquisition related to the Dwarka Expressway. These circumstances, argued Raheja Developers, were beyond their control. The developers also argued that the complainant was barred from filing a complaint by a time limitation of two years (from the date of possession).

Rejecting all these arguments, the NCDRC decided to award the complainant compensation of Rs 1.16 crore along with 9% interest per annum. Choudhary had made 16 deposits for the property from 2011 to 2016, amounting to Rs 1.16 crore.

In addition to this, the Commission also awarded her a compensation of Rs 50,000 to cover litigation costs.