Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1860: Apartment Buyers’ Agreement – Delayed Possession Compensation – Builder under obligation to deliver the possession of the certain flats to the allottee |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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, 1860: Apartment Buyers’ Agreement – Delayed Possession Compensation – Builder under obligation to deliver the possession of the certain flats to the allottee – Handing over possession delayed since builder could not get certain regulatory clearance – Later, builder raised additional demands under different heads, which as per the allottee added upto Rs. 9 lakhs (approx) – As per the allottee, they had cleared the requisite installments – The allottee did not take the possession in protest of additional demand – The allottee was further aggrieved by the fact that he had been denied certain payment related benefits on beings offered possession of the flat – Per contra the builder supported such denial on the ground that there was default in payment by the allottee within due date of the installments – The allottee supported the fact of delayed payment on the premise that they did not receive notice of such demand on 29 December 2011, as alleged by builder – Further, dispute also revolved around payment of maintenance charges, as such charges, as per builder, were due to be paid by allottee – Thereafter, allottee took up the entire matter before the State Consumer Disputes Redressal Commission, which held in favour of the allottee except on the question of maintenance charges – Aggrieved on the question of the maintenance charges, the allottee preferred appeal before National Commission – National Commission partly allowed the appeal while making modification in the direction of the State Commission as to the delayed compensation – Aggrieved by such modification, the allottee filed instant appeals – Held: The allottee were justified in not taking of possession since the demand of the sum of 9 lakhs was illegal, as per facts, and such possession was conditional on payment of the aforesaid amount – Upon considering the entire material on record the builder failed to establish the fact that it was on 29 December 2011 that the notice for the payment of the installment was issued by them – The builder did not bring any material on record to show that it was the builder who was carrying out maintenance work which could have brought them within the definition of “maintenance agency” under Apartment Buyers’ Agreement - The entity entitled to such payment was not impleaded as party to the proceeding – The builder, since unable to get requisite regulatory clearance modified the terms of agreement thereby amending the starting date of computing delayed payment of compensation hence National Commission erred in making modification in such date and State Commission was right in its direction as to date of commencement of the payment of delayed compensation. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2022 INSC 688 |
Petitioner | Utpal Trehan |
Respondent | Dlf Home Developers Ltd. |
SCR | [2022] 15 S.C.R. 458 |
Judgement Date | 2022-07-11 |
Case Number | 4960 |
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