Does Consumer Has The Right To Damages And Recovery If Possession Is Delayed?

Delayed Possession


“A brand is no longer what we tell consumers it is, it is what consumers tell each other it is.”

Yes, the consumers must have the right to damages if delayed because delay in delivery of possession can cause the buyer losses which may also leads to defamation of the consumer as well as the buyer. So, it is the duty of the seller to make the losses good.

That is why there are some sections for the consumer’s protection:

Section 32 of Sales of Goods Act, 1930 says about the rules of delivery which includes the delivery of goods on time.

Section 57 and 58 of Sales of Goods Act, 1930 provides the damages for nondelivery and specific performance of the contract respectively.

This leads to ‘deficiency in service’ for which a buyer can file a consumer complaint under section 2(g) of CONSUMER PROTECTION ACT,1986 which defines the ‘deficiency’ means any fault, imperfection, shortcoming or inadequacy about the nature and manner of performance which is required to be maintained.

Section 49 and 50 CONSUMER CONTRACTS REGULATIONS, 2013 includes the terms of contract that the trader must perform the service and the liability for the breach of this term cannot be excluded.


FACTS: The possession of apartment was not offered to the Complainant by the said date and the aforesaid deadline was later extended but being aggrieved by the said delay, the Complainant approached the commission against the builder.

HELD: The Builder had failed to complete the obligation to hand over the possession after construction till 31.1.17 and hence had to pay compensation in the form of interest with Rs. 10,000 as the cost of litigation.


Ongoing delay in the possession of the goods is one of the worst nightmares of a buyer.

It is justifiable to pay damages or recovery if possession is delayed to consumers in case of default by the seller’s side. So, whatever the reason may be, this delay not only causes a loss of money but also makes him/her feel depressed and frustrated and can put him/her through mental anxiety.


But still at last, there are certain things in such situation, the buyer can ask for compensation as law is always there to help you; you can claim indirect losses provided you must have a strong proof for it; refund rights etc.


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