The National Consumer Disputes Redressal Commission (NCDRC) has ruled that obtaining an occupancy certificate (OC) by a builder holds no relevance for a homebuyer if the offer for possession is delayed. Despite having received an offer for possession, the commission ordered a complete refund to a homebuyer.
Monika Bansal, the buyer, booked an ultra-luxury apartment at Bengaluru’s Windmills of Your Mind project in 2015, paying over Rs 6.8 crore. The possession date was initially set for October 2016, which was later extended to 2017 due to delays. However, the developer, Total Environment, failed to provide possession as promised.
In February 2018, the developer informed Bansal about receiving the OC, but possession was further delayed. Bansal filed a complaint with the NCDRC in 2019.
The developer argued that since they had obtained the OC and offered possession in 2020, there was no basis for a refund. They also mentioned Bansal’s requests for interior modifications and delayed payments as contributing factors to the delay.
The NCDRC refuted the developer’s claims, stating that the delay in offering possession persisted for over three and a half years. Despite paying over 90 percent of the flat’s cost, Bansal’s customization requests could not justify such a significant delay.
The commission emphasized that the OC’s receipt by the builder does not excuse the delay in offering possession to the homebuyer. Safety of investment remains the primary concern for the buyer.
Citing Supreme Court judgments, the NCDRC asserted that buyers cannot be made to wait indefinitely for possession. Thus, the developer was ordered to refund the entire deposited amount with 9 percent annual interest within two months.
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