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Buyer Cannot Be Required To Wait Indefinitely For Possession

In CIVIL APPEAL NO. 3182 OF 2019, KOLKATA WEST INTERNATIONAL CITY PVT LTD vs DEVASIS RUDRA, the respondent had approached the State Consumer Forum not having received delivery of house 3 years after extended due date. Relief sought was delivery with penal interest as compensation or refund. The State Forum ordered compensation with penal interest of 12% along with refund. The NCDRC on appeal modified the compensation only.

Before the Supreme Court, the builder argued that as the buyer had claimed delivery with compensation as the primary relief in the consumer complaint, he was estopped from seeking a refund particularly when the builder was prepared to give delivery.

The Supreme Court agreeing with the NCDRC decided that even after 7 years the delivery of the house is still uncertain and that a buyer cannot be required to wait indefinitely for possession.

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