India SC: Homebuyers Can Claim Delay Compensation Post-Possession

The India — Supreme Court of India has ruled that homebuyers can seek compensation for delayed flat possession even after taking custody of their properties. This decision overturns a 2016 order by the India — National Medical Commission, which had stated that a homebuyer ceases to be a consumer after taking possession. The bench, including Justices Vikram Nath and V. K. Mohanan, emphasized that claims for delayed possession arise prior to actual delivery and are not extinguished by subsequent receipt of possession. The ruling also clarified that arbitration clauses in agreements cannot override the statutory remedies available under the Consumer Protection Act 1987. The India — Supreme Court of India restored a 2005 consumer complaint and directed the India — National Medical Commission, to adjudicate the case on its merits within one year.