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As per case facts, the petitioner-company, Ambika Realcon Pvt. Ltd., significantly delayed handing over possession of units to the respondents, even after sale deeds were executed. The respondents sought and
...were granted compensation for this delay, mental agony, and litigation costs by the State Consumer Disputes Redressal Commission (SCDRC). The petitioner's appeal to the National Consumer Disputes Redressal Commission (NCDRC) was dismissed, leading them to file writ petitions in the High Court. The central legal question was whether the respondents, by requesting a No Dues Certificate or executing sale deeds, had waived their right to claim compensation for delayed possession. Finally, the High Court ruled that a request for a No Dues Certificate or execution of sale deeds does not constitute a waiver of the right to compensation for delayed possession. It highlighted that the builder's responsibility to deliver units on time is not absolved, and there was no express waiver of delayed compensation. Consequently, the High Court dismissed the writ petitions, affirming the orders of the consumer forums.
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