Ritika Singh Sisodiya/TNN
The court in its Sept 23 order said the Real Estate (Regulation and Development) Act (RERA) does not prescribe any specific limitation period for claiming interest on account of delayed possession. The court further noted that the NGT restriction came into effect in August 2013, whereas the contractual deadline for handing over possession was November 2012. Because he has subsequently accepted possession of the flat, lucknow: A Lucknow bench of Allahabad high court has held that a homebuyer does not lose his statutory right to claim interest for delay in handing over possession merely.
The bench observed that the benefit of the ‘zero period’ recognised by the Supreme Court could extend only to the period during which the project was actually affected by the restraint. The court accordingly upheld the direction to pay interest for the period of delay and dismissed the developer’s appeal.
Thus, the developer’s default had already occurred before the NGT order came into force. It could not wipe out the delay that had occurred before the NGT order.