NCDRC Holds Hamilton Heights Liable for Offering Possession Without Occupation Certificate

The NCDRC held Hamilton Heights Pvt. Ltd. liable for deficiency in service and unfair trade practice for offering possession of a flat without obtaining the mandatory occupation certificate.

The complainants had booked a flat in Faridabad, Haryana, in 2007, paying ₹69,94,488 by 2013. Despite multiple payments, the developer failed to deliver possession within the stipulated time and did not obtain the occupation certificate until 2015.

Upon inspection, the flat had multiple defects, and the developer did not rectify them or produce a valid possession letter.

The NCDRC directed a refund of ₹68,94,488/- with 9% interest per annum from deposit dates, rising to 12% upon default, along with ₹40,000/- as litigation costs.