Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection: Failure to deliver flat to the consumer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection:Failure to deliver flat to the consumer – By the Developer – Due to the dispute between the Housing Board and the Developer which was referred for Arbitration – In the Award Arbitrator fixed the liability on the Developer and the Housing Board in respect of refund to the residential unit buyers in the ratio of 70:30 – National Consumer Commission directed refund of principal sum to the complainant @ 10% interest – It also directed payment of Rs. 1 lakh towards mental harassment and further Rs. 1 lakh towards litigation charges – In view of the award, ascertained the liability of Developer and Housing Board in the ratio of 70:30 – Appeal to Supreme Court by Housing Board questioning the liability fixed upon it in respect of litigation cost and for mental harassment and also enhancement of interest rate to 10% – Held: In view of Clause 9(c) of the Tripartite Agreement, liability to pay the cost towards litigation and mental harassment cannot be fixed on Developer alone as the cost does not qualify as compensation u/clause 9(c) – The apportionment of the liability is well founded – The increase in the interest rate was in exercise of discretionary power of the National Commission and is not liable to be interfered with. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 1392 |
Petitioner | Chandigarh Housing Board |
Respondent | M/s. Parasvanath Developers Pvt. Ltd. & Anr. |
SCR | [2019] 15 S.C.R. 157 |
Judgement Date | 2019-12-17 |
Case Number | 10748 |
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