No Penalties for Late Flat Handovers Without Specific Contractual Dates
Real estate developers are not liable for fines related to delayed apartment possessions if the contract doesn't explicitly specify a handover date. This important decision was made by the National Consumer Commission. The commission further clarified that if a buyer accepts the late delivery without raising any objections, they forfeit their right to claim compensation.
Specific Case Details
The National Consumer Commission's judgement clarifies that accepting a delayed flat handover, as occurred in this instance in 1993, without expressing dissent, makes it impossible for the consumer forum to grant compensation to the buyer. The commission reinforced that developers can only be held accountable for late deliveries when the contract clearly defines the possession date.
The commission added, "The acceptance of the belated delivery of the flat in 1993 without protest renders it impossible for the consumer forum to award compensation to the buyer in this case." This emphasizes the importance of clear contractual language to protect buyers' interests and ensure timely delivery of properties.