In January 2003, a homebuyer became a member of a Delhi-based housing society and paid the full amount for a flat. He was allotted an apartment in society, and an agreement was entered into between the parties on February 27, 2004. Unhappy over the delay in possession, the homebuyer decided to file a complaint. He filed a consumer complaint on August 8, 2005, before the District Forum seeking compensation for the alleged delay in handing over possession of the flat. Still awaiting closure, his two-decade long fight might finally come to an end soon as the Supreme Court has made a major ruling in the case now. In a judgement that could act as a precedent for several cases, the SC said that the homebuyer can make a claim for compensation for delayed possession. “The subsequent receipt of possession cannot, by itself, extinguish the right of the allottee to seek adjudication of a claim for compensation for the alleged delay,” the top court stated.ALSO READ | Mumbai IT professional claims Rs 3.91 lakh TDS, gets only Rs 79,000 and Rs 3.36 lakh tax demand as employer failed to deposit tax; here's what happened nextCan a homebuyer seek compensation for delay even after taking possession? The top court has underlined that homebuyers can approach consumer forums against developers to seek compensation for delayed possession of flats even after they have taken custody of the flat. With this, the SC also set aside a 2016 National Consumer Disputes Redressal Commission (NCDRC) order, which said that the homebuyer was not a consumer when he filed the complaint of delayed possession, because he had already taken its possession without protest. SC observed that a claim for compensation for delayed possession necessarily arises from the period prior to the actual delivery of possession. Therefore, taking possession of the flat cannot, by itself, extinguish the right of the allottee to seek adjudication of a claim for compensation.ALSO READ | Lost Rs 50,000 in digital fraud? Soon, you can get 85% amount back if you follow these rules - 3 calculations to explain how this worksHomebuyer’s over 20 years wait for compensation Before the Delhi-based homebuyer’s complaint reached the top court, he had approached the district consumer forum, alleging a deficiency in service on account of the delay in handing over possession. The appellant (homebuyer) and the respondent (housing society) were referred to arbitration in July 2009, and the order was affirmed by the Delhi State Consumer Disputes Redressal Commission in February 2013. Following this the homebuyer knocked on the doors of the NCDRC, which dismissed his revised petition in January 2016. The National Commission had dismissed the revision petition on the ground that the homebuyer was not a consumer at the time of filing of the complaint. However, SC has said that NCDRC’s reasoning "cannot be sustained". SC added that the homebuyer’s complaint was not for delivery of possession simpliciter and his grievance was that there was a delay in handing over possession of the flat and he was entitled to compensation for such delay.ALSO READ | Booked flat for Rs 24 lakh in 2010, paid Rs 40 lakh over time, still no possession in 2026; homebuyers awarded full refund and Rs 2.5 lakh compensation eachCompensation for delay in delivery after possession: What has the SC said? The top court has allowed the appeal of the buyer and set aside the orders passed by the NCDRC, the state commission and the district forum earlier. SC has revived the 2005 complaint made by the homebuyer before the district consumer and asked the latter to decide within a year whether there was any delay. “Since the complaint is of the year 2005, the district consumer disputes redressal commission, Dwarka, shall make an endeavour to decide the same preferably within a period of one year from the date of receipt of a copy of this order,” it said.