Buyer entitled to refund in case of delay

The National Commission concluded force majeure or delay due to reasons beyond the control of the builder would not apply to dereliction of duty

Naveen and Deepshikha Garg had applied to Orris Infrastructure for the purchase of a flat. Upon payment of the booking deposit, the agreement for sale of the flat was executed on April 28, 2012. The couple paid a total amount of Rs 66,13,435 in instalments between January 3, 2012 and May 7, 2014.

The contract for the sale of the flat provided that construction would be completed within 36 months from the date of execution of the agreement. In addition, it also provided a grace period of six months. This meant that possession was to be handed over latest by May