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Second-hand flat buyers have same rights as original allottees, rules SC | India News


NEW DELHI: Much of a relief to homebuyers who purchased apartments from original winners but were not Supreme Court he said Thursday that a builder cannot deny his right to take possession within a reasonable period of time and that he is also entitled to a refund of his money.
A bench of judges USA Lalit, Hemant gupta Y S Ravindra Bhat said the rights of those buyers are the same as those of the original winners. “It cannot be said that a subsequent buyer who puts himself in the place of an original winner of a housing project in which the builder has not fulfilled his commitment to deliver the apartment within a stipulated time, cannot wait any time, not even reasonable, for the fulfillment of the builder’s obligation.
Such a conclusion would be arbitrary, given that there may be large numbers, possibly thousands, of home buyers waiting for their promised flats or residences; they would surely be entitled to all reparations under the Consumer Protection Act, ”the court said. The court ruled against a guilty plea from the real estate company. Laureate Builwell Pvt Ltd, which was based on the fact that the amount paid cannot be reimbursed since the buyer is not the original winner and bought the apartment knowing that the project was being delayed.

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