Parsvnath Developers Ltd. Vs Mohit Khirbat (Supreme Court of India)
Supreme Court held that possession without an Occupancy Certificate cannot be forced upon the homebuyers. Accordingly, orders of NCDRC are affirmed and held that appellant shall continue to pay compensation as determined by the NCDRC without any default.
Facts- The present appeals arise out of separate orders dated 30.07.2018, 30.07.2018, and 21.11.2019 respectively passed by the National Consumer Disputes Redressal Commission, New Delhi. By the impugned orders, the NCDRC directed the appellant to complete construction of the flats and hand over possession to the respondents in these appeals on or before 31.03.2019, 31.03.2019 and 31.03.2020 respectively, after obtaining the requisite Occupancy Certificate from the competent authorities. The appellant was further directed to pay compensation by way of simple interest at the rate of 8% per annum with effect from 13.11.2014, 14.12.2013 and 20.08.2015 respectively till the actual delivery of possession.
Conclusion- In Dharmendra Sharma v. Agra Development Authority, it was categorically held that a purchaser cannot be compelled to accept possession without completion and statutory certificates, and such an offer is legally untenable.
Held that the orders of the NCDRC are hereby affirmed. The appellant is directed to obtain the requisite Occupancy Certificate and hand over possession to the respondents in C.A. Nos. 5289 of 2022 and 5290 of 2022 within a period of six months from the date of this judgment. Till such time, the appellant shall continue to pay compensation as determined by the NCDRC without any default. In the event the appellant is unable to obtain the Occupancy Certificate within the said period on account of bona fide causes not attributable to it, liberty is granted to approach the NCDRC for appropriate consideration, limited to the issue of interest for the period subsequent to the time stipulated in this judgment.
