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This is an archive article published on January 23, 2024

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

The blame for the delay was also put on issues of land acquisition related to the Dwarka Expressway.

delhi flatRejecting all these arguments, the NCDRC decided to award the complainant compensation of Rs 1.16 crore along with 9% interest per annum. (Representational photo)

The National Consumer Disputes Redressal Commission (NCDRC) recently awarded a woman Rs 1.16 crore as compensation after a real estate firm failed to give her possession of her flat even after a 9-year delay.

The complainant, Minakshi Choudhary, had booked a flat in Raheja Revanta in Sector 78, Gurgaon, in 2012 by paying an initial deposit of over Rs 43 lakh. According to the buyer’s agreement, she was to be given possession of the flat within three years, i.e., by 2015.

“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.

Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More

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