The appellants while praying for monetary
compensation of Rs.1,80,00,000.00 have failed to give detailed
particulars and/or provide the basis therefor, and undoubtedly, they
have also been on the wrong side of law by taking possession of
their respective flats without the completion certificate, whatever
might be the compulsion, we are not inclined to direct the NCDRC to
decide on the compensation component. That chapter stands
closed. The remand is directed only with a view to secure adherence
to the promises that the respondents had made in the brochure
and/or advertisement, as the case may be, and thereby cover up
deficiency in service, if any, as well as the mandatory statutory
provisions.
Taking possession without completion certificate is illegal
Byaor.sanjivnarang@gmail.com
Feb 13, 2023
By aor.sanjivnarang@gmail.com
Sanjiv Narang Adv. is an Advocate on Record (AOR) in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.