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Noida Homebuyer Wins Compensation After Seven-Year Flat Delay
Shyam Sunder Agrawal bought a home in Noida in 2010.
The builder said the home would be ready by 2012.
Instead, Agrawal received it in March 2017.
During the wait, his family rented another home and he continued paying his loan.
He said the flat was still missing important paperwork when it was handed over.
He asked for money to make up for the long delay.
A tribunal supported his claim, and the Allahabad High Court later agreed.
The court said accepting the home did not erase his right to compensation.
The builder argued that environmental restrictions caused the delay, but the court did not accept that explanation for the relevant period.
Shyam Sunder Agrawal booked a 3BHK flat in Noida for Rs 43 lakh in 2010, with possession promised by 2012.
The flat was handed over in March 2017, after Agrawal paid Rs 40,000 monthly rent while continuing a Rs 20,000 home-loan EMI.
He said the flat lacked an occupancy certificate and other documents when possession was offered.
The Allahabad High Court upheld his right to seek compensation despite accepting the delayed possession.
The court rejected the builder’s argument that construction restrictions near the Okhla Bird Sanctuary justified the delay.
- Who
- Homebuyer Shyam Sunder Agrawal and the builder of Antriksh Golf View; the matter was decided by the Allahabad High Court’s Lucknow bench.
- What
- The court upheld Agrawal’s right to claim interest-based compensation for delayed possession of his flat.
- Where
- Antriksh Golf View in Sector 78, Noida; the case was heard by the Lucknow bench of the Allahabad High Court.
- When
- The flat was booked on April 30, 2010, possession was promised by 2012, and it was handed over in March 2017; the High Court issued its order on September 23.
- Why
- Agrawal sought compensation because possession was delayed and he said the flat lacked an occupancy certificate and other required documents.
Homebuyer and Courts
Builder
Right to compensation after possession
Homebuyer and Courts
Agrawal argued that accepting the delayed flat did not remove his right to claim compensation, and the courts upheld that position.
Builder
The builder challenged the tribunal’s ruling in the High Court, opposing the compensation claim.
Reason for the delay
Homebuyer and Courts
The High Court held that the relevant possession date was in 2012 and that the cited environmental restriction came into effect only in 2013.
Builder
The builder argued that a 2013 National Green Tribunal restriction on development within 10 kilometres of the Okhla Bird Sanctuary affected the project.
Condition and paperwork at handover
Homebuyer and Courts
Agrawal said the flat was handed over without an occupancy certificate and other necessary documents.
Builder
The article does not state the builder’s response to Agrawal’s specific allegations about the flat’s paperwork or condition.
Key facts
- Buyer
- Shyam Sunder Agrawal
- Property
- 3BHK flat at Antriksh Golf View, Sector 78, Noida
- Booking price
- Rs 43 lakh
- Booking date
- April 30, 2010
- Promised possession
- 2012
- Actual handover
- March 2017
- Interim housing cost
- Rs 40,000 monthly rent alongside a Rs 20,000 home-loan EMI
- Compensation basis
- Interest for the delay at one percentage point above the Marginal Cost of Funds-based Lending Rate
Quotes
Shyam Sunder Agrawal
Delhi government official and homebuyer who pursued compensation for the delayed Noida flat
““If you don’t pay, the builder won’t give you possession, he can cancel it. So, I was helpless… It was mentally harassment… but, ultimately the truth prevailed.””
indianexpress.com
““This delay was not expected, the long-drawn process starts affecting you. Some homebuyers do not even wish to take the legal route.””
indianexpress.com
Sources
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