Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986: Housing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act, 1986: Housing – Apartment Buyers Agreement – Apartment not handed over in time by developer – Allottee filed consumer complaint seeking a direction to the developer to provide the apartment, compliant with all the requirements mentioned in the ABA, within six months of the complaint, i.e., by 3 November 2017 – Along with this, the allottee sought compensation for delayed possession, calculated at the rate of 18 per cent p.a. on the amount deposited with the developer from the date on which actual possession was to be delivered (March 2015) and in case developer failed to deliver the possession of the apartment within six months, refund of the principal amount of Rs 2,23,91,480, with interest at 18 per cent p.a. from the date the amount was paid by the allottee to the developer– Inspite of interim direction of NCDRC to handover possession, the same was not given – On 17 May 2018, allottee filed IA bringing on record several photographs showing that the apartment was not ready and was not in a habitable condition – On 25 September 2018, developer sent email that due to limited work force, the finishing work was slow – By impugned judgment, the NCDRC held that the developer did not contest that an amount of Rs 2,23,91,480 was paid by the allottee – It then noted that the allottee would be considered as a consumer within the meaning of s.2(1)(d) of the Act since the developer had not brought on record anything to prove that the allottee was indulging in the business of buying/selling apartments – NCDRC ordered a refund of Rs 2,23,91,480 with simple interest at the rate of 10.25 per cent per annum, which it noted was the rate of interest payable under the Real Estate (Regulation and Development) Act 2016 in Haryana in respect of cases where refund is made to flat buyers due to the delay of the developer in handing over possession – Hence instant appeal – Held: It is apparent that the developer was not in a position to comply with the interim order of the NCDRC for the handing over of possession – Though the interim direction was issued on 16 February 2018, the email of the developer dated 25 September 2018 indicated that possession could not be handed over due to the absence of an adequate work force at the site – Thus, it is evident that the developer was not in a position to hand over possession of the apartment even after the interim order – In this backdrop, the order of the NCDRC for the grant of refund at the appropriate rate of interest cannot be faulted – In another set of appeals, the finding of fact recorded by the NCDRC in its impugned judgment dated 22 November 2021 was that the amenities which were promised by the developer were not provided in the Project and the apartment – In view of the matter, the direction for the refund of the amount paid together with interest, cannot be faulted – The developer made a solemn representation to the flat buyer of the amenities which would be provided in the flat and the Project – A breach of this representation is actionable at law. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 82 |
Petitioner | M/s Ireo Private Limited |
Respondent | Aloke Anand And Others |
SCR | [2022] 2 S.C.R. 411 |
Judgement Date | 2022-01-21 |
Case Number | 180 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
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 |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
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 |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |