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NATIONAL COMMISSION: It is not obligatory for buyer to accept the delayed possession of the flat

It is held by the Hon’ble National consumer commission, New Delhi in 2015(3) CLT 285, Emaar MGF Land Ltd. And Anr. Vs. Gurdev Singh Badial. Further, in a judgement passed by the Hon’ble national commission which is reported as 2016(4) Law Herald (SC) 2747 Akash Jain Vs. M/s Unitech Ltd. Wherein it has been held that :-

          “7.      ……………………………………………………………………The complainant,           however, submits that he is not agreeable to accept the possession of      the flat at this stage and considering the default on the part of the OP in           performing its contractual obligation to deliver possession of the flat to           him within three years from the date of allotment he is entitled to refund     the amount paid by him along with compensation in terms of the order   passed by this Commission in Swarn Talwar & Ors. (Supra). In my   opinion, considering that the opposite party had offered possession of          the flat to the complainant on 7.9.2011, the complainant is not entitled to       any compensation with effect from that date. However, considering the       failure of the opposite party to perform its part of obligation, to deliver          possession of the flat within three years from the date of allotment, the         complainant cannot be compelled to accept possession of the flat      and, therefore, he is entitled to compensation up to 6.9.2011″.

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