Consumer -- Housing-- Possession Without Occupancy Certificate Is Deficiency in Service -- Contractual Clauses Capping Compensation for Delay Are Unfair Trade Practice and Cannot Bind Homebuyers
Delivery of possession without a valid Occupancy Certificate constitutes deficiency in service; a developer cannot compel a homebuyer to accept such possession.
Consumer fora derive jurisdiction from statute, not contract, and may award just compensation regardless of restrictive clauses in a Flat Buyer Agreement.
