ValkyaEditorial

Tagged “allottee-rights”

2 articles on allottee-rights.

Supreme CourtSupreme Court of India

GMADA v. Anupam Garg (2025): No double recovery for delayed possession

The Supreme Court held that an allottee facing delayed possession is entitled to a refund with the agreed rate of interest, but cannot also recover the interest paid on a personal home loan. The contractual interest already compensates for every consequence of the delay, so stacking a separate loan-interest award amounts to impermissible double recovery.

Valkya Editorial··6 min
TribunalUttar Pradesh Real Estate Appellate Tribunal

Vijendra Singh Raghav v. Strategic Developers (2025): A temporary occupancy certificate cannot ground a valid offer of possession

The UP Real Estate Appellate Tribunal held that a temporary occupation certificate is not an occupancy certificate under RERA, so a developer cannot use it to force possession on a buyer of a long-delayed flat. The allottee was held entitled to refund of his deposit with interest at MCLR plus one percent.

Valkya Editorial··5 min