NDLI: Marvel Omega Builders Pvt. Ltd. and Anr.v. Shrihari Gokhale and Anr. Vs. Shrihari Gokhale and Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act construction of villa s.23 1986 deficient in rendering service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Consumer Protection Act, 1986 – s.23 – Respondents booked a residential villa viz., Emerald-07 in a project named ‘Marvel Selva Ridge Estate’ to be developed by the Appellants – Agreement dated. 22.03.2013 entered between the parties – Total consideration for the villa was to be Rs.8.31 crores – Respondents paid Rs.8.14 crores by November, 2013 – Though the appellants had agreed to deliver possession on or before 31.12.2014, neither the villa was complete by the due date nor was any refund made by the appellants – Respondents filed complaint before the Commission – Complaint allowed by the Commission inter alia directing refund of the entire principal amount of Rs.8.14 crores to the Respondents with compensation in the form of simple interest @ 10% p.a.– Appellants filed application seeking extension of time to comply with the judgment – Rejected – On appeal, held: As against the total consideration of Rs.8.31 crores, the Respondents had paid Rs.8.14 crores by November, 2013 – Though the Appellants had undertaken to complete the villa by 31.12.2014, they failed to discharge the obligation – As late as on 28.05.2014, the Revised Construction Schedule had shown the date of delivery of possession to be October, 2014 – Thus, there was total failure on part of the Appellants and they were deficient in rendering service in terms of the obligations undertaken – Even assuming that the villa is now ready for occupation (as asserted by the Appellants), the delay of almost five years is a crucial factor and the bargain cannot now be imposed upon the Respondents – Respondents justified in seeking refund of the amounts deposited with reasonable interest – Findings rendered by the Commission neither incorrect nor unreasonable on any count – Villa in question shall not be sold nor any third party rights can be created by the Appellants in respect of said villa till the decree in favour of the Respondents is completely satisfied – So long as the decree remains to be satisfied, said villa shall be under attachment, subject to such orders as may be required to be passed in connection with the execution of the order passed by the Commission.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 833
Petitioner	Marvel Omega Builders Pvt. Ltd. And Anr.v. Shrihari Gokhale And Anr.
Respondent	Shrihari Gokhale And Anr
SCR	[2019] 10 S.C.R. 375
Judgement Date	2019-07-30
Case Number	3207

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Marvel Omega Builders Pvt. Ltd. and Anr.v. Shrihari Gokhale and Anr. Vs. Shrihari Gokhale and Anr

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