Second-hand Flat Buyers have same Rights as original Allottees, rules SC

  

In a major relief to homebuyers who purchased flats from original allottees but were not delivered the apartments, the Apex Court on Thursday said a builder can't deny their right to get possession within a reasonable period of time & that they are also entitled to get a refund of their money.

A bench of Justice U U Lalit, Justice Hemant Gupta and Justice S Ravindra Bhat said the rights of such purchasers are the same as that of original allottees. “It cannot be said that a subsequent purchaser who steps into the shoes of an original allottee of a housing project in which the builder has not honoured its commitment to deliver the flat within a stipulated time, cannot expect any — even reasonable time — for the performance of the builder’s obligation.

Such a conclusion would be arbitrary, given that there may be a large number — possibly thousands — of flat buyers waiting for their promised flats or residences; they surely would be entitled to all reliefs under the Consumer Protection Act,” the Court said.

The Court ruled against a petition by the real estate company Laureate Builwell Pvt Ltd, which took the ground that the paid amount cannot be refunded as the purchaser is not the original allottee & he/she purchased the flat knowing that the project was getting delayed.

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