NDLI: Dlf Homes Panchkula Pvt. Ltd Vs. D.s. Dhanda, Etc. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act purchase of flat. delivery by 24 months delay in possession
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Consumer Protection Act, 1986 – Respondents-Complainants booked built up flats for purchase in one of the project of the appellant – Buyer’s Agreements executed– Possession of the unit was to be delivered within 24 months from the date of execution of the agreement, failing which the appellant was liable to pay Rs. 10/ - per sq. ft. per month for the period of delay – Complaints filed before State Consumer Dispute Redressal Commission (SCDRC) alleging delay in delivery of possession – Appellant inter alia pleaded that construction could not be completed because of the stay on construction granted by Supreme Court which opearted for about 8 months – SCDRC directed the appellant to hand over the physical possession of the units allotted to the respondents, complete in all respects within four months – National Consumer Dispute Redressal Commission (NCDRC) partially modified the order – On appeal, held: There is no surviving dispute in respect of extended period of handing over possession available to the appellant i.e 36 months, in view of the consent it obtained from the respondents to extend the period of handing over possession further by one year– It is categorical stand of the appellant that the flats have been completed and occupation certificate has also been obtained – SCDRC and NCDRC awarded compensation under multiple heads on account of singular default of not handing over possession–For delay in handing over possession, the consumer is entitled to the consequences agreed at the time of executing buyer’s agreement – Though the 1986 Act empowers the authorities to award compensation for any loss or injury including building damages but the order of NCDRC or SCDRC awarding compensation is by rule of thumb, without any foundation on judicially recognised principles – Complainant entitled to interest as offered, for no handing over possession, but present is not a case to award special punitive damages as one of the causes for late delivery of possession was beyond the control of the appellant – In view of the settlement proposal submitted by the appellant in earlier two set of appeals before Supreme Court in respect of the same project and to settle any further controversy, directions issued to the appellant. Consumer Protection Act, 1986 – Respondents-Complainants booked built up flats for purchase in one of the project of the appellant – Amount deposited by the respondents – Delay in delivery of possession of the flats – Award of interest – Held: Amount of interest is the compensation to the beneficiary deprived of the use of the investment made by the complainant – Therefore, such interest will take into its ambit, the consequences of delay in not handing over possession.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 682
Petitioner	Dlf Homes Panchkula Pvt. Ltd
Respondent	D.s. Dhanda, Etc. Etc.
SCR	[2019] 7 S.C.R. 1061
Judgement Date	2019-05-10
Case Number	4910

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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