Buyer entitled to a refund upon delay

The purchaser can't be made to wait endlessly just because the builder fails to fulfil his contractual obligation to obtain the Occupancy Certificate on time

Nishant Saini had booked a flat with S.S Group in a luxury residential project called The Coralwood & Almeria at Village Sihi in Gurgaon. The cost of the flat, which had a super built-up area of 2,000 sq. ft., was Rs 1,26,72,000, which included preferential location charges, external development charges, and infrastructure development charges. Once Saini had paid the booking amount of Rs 13,09,684, he was issued an allotment letter on May 17, 2012. Later, an agreement was executed on June 5, 2012, for the sale of the flat. The agreement provided that possession would be given within 36 months,