Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Disputes complaint dismissed Cancellation of allotment of housing apartment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Ownership Flats (regulation of The Promotion of Construction, Sale, Management and Transfer) Act, 1972 (16 of 1973) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Cancellation of allotment of housing apartment – By developer of the property – On the ground that the allottee had failed to pay 25% of the total cost of the flat – Complaint before State Consumer Commission – Dismissed – Order affirmed by National Consumer Commission – On appeal, held: It is evident from the records that the booking amount was reduced to 15% from 25% of the agreed sale consideration – The allottee had paid the amount which was in excess of 15% of the booking amount – Hence the termination of allotment was misconceived – Section 4 of Karnataka Ownership Flats Act also casts an obligation on the developer, while receiving advance payment, to enter into a written agreement for sale – Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 – s. 4. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 572 |
Petitioner | Suman Jindal & Anr. |
Respondent | M/s Adarsh Developers |
SCR | [2019] 7 S.C.R. 154 |
Judgement Date | 2019-04-25 |
Case Number | 4248 |
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