Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 delay in delivery of possession of apartment deficiency in service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Consumer Protection Act, 1986:Complaint of deficiency in service – Against the developer ofproperty – Alleging delayed delivery of possession of apartments –Some of the complainants sought refund of all the money they hadpaid while others sought compensation for delayed delivery withpossession of the apartment – State Consumer Disputes RedressalCommission allowing the complaints directed refund of depositedamounts with interest @ 15% p.a. and with lesser rate in others andcompensation – Similar directions were passed in cases of delayeddelivery of possession – Appeal filed before National ConsumerDisputes Redressal Commission by the Developer – The Developerhowever objected that the appeals could not be proceeded with asthere was not even one Judicial Member on the Bench – NationalCommission reserved the matters for orders by its order dated1.8.2018 – Review petition filed by the Developer was rejected byorder dated 8.8.2018 – In petition u/Art.227 of the Constitutionagainst the orders dated 1.8.2018 and 8.8.2018, High Court stayedthe operation of the order of the National Commission – Thereafter,National Commission passed reasoned judgment on 7.9.2018affirming the order of State Commission – However, in view of thestay order of the High Court, it observed that judgment dated7.9.2018 would remain stayed till further orders by High Court –Present appeals by the Developers as well as some of thecomplainants – Held: All the parties agreed for disposal of the casesin terms of understanding as per the governing principles set out –Matter disposed of on the agreed understanding as settled by theparties. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 274 |
Petitioner | Dlf Homes Panchkula (p) Ltd. Through Its Authorised Signatory Mr. Shiv Kumar |
Respondent | Sushila Devi And Anr. Etc. |
SCR | [2019] 2 S.C.R. 739 |
Judgement Date | 2019-02-26 |
Case Number | 2285 |
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