In a recent move, the Supreme Court (SC) has announced that second-hand flat buyers have the same rights as the original allottees of the apartment.
The Supreme Court of India, in its recent judgement, has provided that a builder cannot deny the rights of timely possession to buyers who have purchased flats from original allottees. The decision has come as a breather for resale flat buyers who have purchased the flats from original buyers but have not been provided the possession of the apartments by the builder.
Such buyers, as per the decision provided by the Apex court, are entitled for refund in case of inordinate delays. Also, they are entitled for all reliefs under the Consumer Protection Act. The Court ruled against a plea submitted by a real estate company, citing that that the paid amount cannot be refunded as the buyer is not the original allottee and he/she has purchased the apartment despite knowing that the project is running behind the scheduled timeline.
According to a bench, comprising Justices UU Lalit, Hemant Gupta, and S Ravindra Bhat, the developer is liable to refund the amount to the purchaser in case he/she claims refund on account of indefinite delay in possession.