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Thursday, 1 April 2021

Escalation Cost in the Event of Delayed Possession are to be borne by the builder only

In the Matter of  Brig. (Retd.) Kamal Sood V/s DLF Universal Ltd.(FA /557 /2003)  Date of Order 02.04.2007 The NCDRC observed that

         “it was the duty of the builder to plan in advance, obtain necessary permission and thereafter, promise to deliver the possession of flat in the stipulated time. It is unfair trade practice on the part of the builder to collect money from the prospective buyers without obtaining the required permission.Secondly, in such a case, if there is any express promise that the premises would be delivered within the stipulated time, and, if not done so, escalation cost is required to be borne by the builder.”