Accepting delayed flat doesn't end interest claim, says Allahabad HC
India, Sept. 25 -- A homebuyer does not lose the statutory right to claim interest for delayed possession merely because he later accepted the flat, the Allahabad High Court held.
The Lucknow bench also observed on Wednesday that the Real Estate (Regulation and Development) Act (RERA) does not prescribe any specific limitation period for claiming interest for delayed possession.
Justice Prashant Kumar made the observations while dismissing an appeal filed by Antriksh Developers and Promoters Pvt Ltd in a dispute concerning its Antriksh Golf View project in Sector 78, Noida. The buyer, Shyam Sunder Agrawal, had booked a flat in the project in 2010, with possession due by November 2012. However, the developer offered possession only in Ma...
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