Failure To Deliver Possession Constitutes Continuos Wrong Unless Delivery Is Refused: Delhi State Commission Dismisses Complaint Against

The Delhi State Commission ruled in Ansal Township case that failure to deliver possession within the stipulated period constitutes a deficiency in service under the Consumer Protection Act. The case involved a complaint where the developer failed to hand over possession of a flat within the agreed timeline. The Commission held that the limitation period starts from the promised date of possession and not from the issuance of an occupancy certificate. The developer's argument of invoking the Real Estate (Regulation and Development) Act, 2016 (RERA) for the issuance of an occupation certificate was dismissed, emphasizing the consumer's right to compensation for delay. This decision underscores consumer protection rights and adherence to promised timelines in real estate transactions.