PIONEER URBAN LAND & INFRASTRUCTURE LTD Vs. GOVINDAN RAGHAVAN
LAWS(SC)-2019-4-12
SUPREME COURT OF INDIA
Decided on April 02,2019

Pioneer Urban Land And Infrastructure Ltd Appellant
VERSUS
Govindan Raghavan Respondents





Cited Judgements :-

NBCC (INDIA) LIMITED VS. RAM TRIVEDI [LAWS(SC)-2021-3-81] [REFERRED TO]
SUNEJA TOWERS PRIVATE LIMITED VS. ANITA MERCHANT [LAWS(SC)-2023-4-78] [REFERRED TO]
RADICON VEDANTAM FLAT BUYERS ASSOCIATION VS. RADICON INSTRUCTURE AND HOUSING PVT. LTD. [LAWS(NCD)-2022-10-46] [REFERRED TO]
MEENU MEHTA VS. IREO GRACE REALTECH PVT. LTD. [LAWS(NCD)-2022-6-31] [REFERRED TO]
ANUJA JAIN VS. BRAHMA CITY PRIVATE LTD [LAWS(NCD)-2022-2-37] [REFERRED TO]
MOHIT GUPTA VS. DIRECTOR, GREENBAY INFRASTRUCTURE PVT. LTD [LAWS(NCD)-2022-4-19] [REFERRED TO]
BHRIGU KAUSHIK VS. ANSAL HI TECH TOWNSHIP LTD [LAWS(NCD)-2020-10-32] [REFERRED TO]
HEMANT ANAND VS. SUPERTECH LTD. [LAWS(NCD)-2020-2-96] [REFERRED TO]
AMIT GOEL VS. ANSAL HOUSING & CONSTRUCTION LIMITED [LAWS(NCD)-2023-2-49] [REFERRED TO]
DEEPAK BUILDCON INFRASTRUCTURE VS. HARMINDER KAUR SIDHU [LAWS(NCD)-2024-1-81] [REFERRED TO]
RAJINDER KUMAR SOOD VS. HILL VIEW PROMOTERS [LAWS(NCD)-2024-11-32] [REFERRED TO]
SUNIL SIKKA VS. RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD. [LAWS(NCD)-2023-3-67] [REFERRED TO]
DHARAMVIR SINGH VS. JAI PRAKASH ASSOCIATES LIMITED [LAWS(NCD)-2023-12-57] [REFERRED TO]
SANGEETA AGARWAL VS. CHINTELS INDIA LTD [LAWS(NCD)-2022-5-28] [REFERRED TO]
HEMANTA KUMAR NAYAK VS. UTKAL REALTORS PVT.LTD [LAWS(ORI)-2020-10-24] [REFERRED TO]
POONAM MISHRA VS. OM KRISHNA DEVELOPERS PVT. LTD. [LAWS(NCD)-2024-7-20] [REFERRED TO]
ANIL KUMAR SINGH VS. MAHAGUN (INDIA) PVT. LTD [LAWS(NCD)-2023-7-1] [REFERRED TO]
SAURABH SHARMA VS. M3M INDIA PVT. LTD [LAWS(NCD)-2023-10-36] [REFERRED TO]
SUJEET JHA VS. IREO PVT. LTD. [LAWS(NCD)-2023-7-8] [REFERRED TO]
VAIBHAV KUMAR VS. 1000 TREES HOUSING PVT. LTD. [LAWS(NCD)-2023-12-116] [REFERRED TO]
SANJIV KUMAR JAIN VS. LODHA CROWN BUILDMART PRIVATE LIMITED [LAWS(NCD)-2023-2-31] [REFERRED TO]
P. PALANISAMY VS. ANJLI INFRA HOUSING LLP [LAWS(NCD)-2023-2-54] [REFERRED TO]
MEERA SACHDEVA VS. JASMINE BUILDMART PVT. LTD [LAWS(NCD)-2022-11-32] [REFERRED TO]
PRERNA BANERJEE VS. PURI CONSTRUCTION PRIVATE LIMITED [LAWS(NCD)-2022-2-40] [REFERRED TO]
RAKESH KUMAR BOHRE VS. VATIKA LIMITED [LAWS(NCD)-2022-2-55] [REFERRED TO]
HARISH JAIN VS. M/S. RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD. [LAWS(NCD)-2021-3-53] [REFERRED TO]
RAKESH JHAMB S/O SH BAL MUKUND JHAMB VS. M/S. WAVE MEGACITY CENTRE PVT. LTD [LAWS(NCD)-2022-1-10] [REFERRED TO]
SURENDRA KUMAR AGARWAL VS. SS GROUP PVT. LTD. [LAWS(NCD)-2022-9-22] [REFERRED TO]
M/S. SHYAMA ENCLAVE PVT. LTD. VS. BANDANA CHATTERJEE WIDOW OF LATE DR. JAYANTA CHATTERJEE [LAWS(NCD)-2022-4-6] [REFERRED TO]
VISHAL SODHI VS. ANSAL HI TECH TOWNSHIP LTD [LAWS(NCD)-2022-3-18] [REFERRED TO]
RENU KALRA VS. IREO GRACE REALTECH PVT. LTD [LAWS(NCD)-2022-7-22] [REFERRED TO]
KALPRAJ DHARAMSHI VS. KOTAK INVESTMENT ADVISORS LIMITED [LAWS(SC)-2021-3-36] [REFERRED TO]
HONGKONG AND SHANGHAI BANKING CORP. LTD VS. AWAZ [LAWS(SC)-2024-12-96] [REFERRED TO]
GODREJ PROJECTS DEVELOPMENT VS. ANIL KARLEKAR [LAWS(SC)-2025-2-1] [REFERRED TO]
WG. CDR. ARIFUR RAHMAN KHAN AND ALEYA SULTANA VS. DLF SOUTHERN HOMES PVT. LTD. (NOW KNOWN AS BEGUR OMR HOMES PVT. LTD.) [LAWS(SC)-2020-8-28] [REFERRED TO]
M/S.UNITED BROTHERS HEALTHCARE SERVICES PVT LTD VS. MINISTRY OF HEALTH AND FAMILY WELFARE [LAWS(KAR)-2022-12-10] [REFERRED TO]
PRADEEP KUMAR VS. UNITECH LIMITED [LAWS(NCD)-2019-11-107] [REFERRED TO]
TDI INFRASTRUCTURE LTD. VS. AASHISHA JINDAL [LAWS(NCD)-2019-12-44] [REFERRED TO]
VEENA GUPTA VS. DLF UNIVERSAL LIMITED [LAWS(NCD)-2021-10-2] [REFERRED TO]
NIKITA DHINGRA VS. JASMINE BUILDMART PVT. LTD [LAWS(NCD)-2022-11-91] [REFERRED TO]
BAL MUKAND VS. ANSAL HOUSING LIMITED [LAWS(NCD)-2022-2-66] [REFERRED TO]
RAM SINGH CHAUHAN VS. DLF UNIVERSAL LTD [LAWS(NCD)-2021-12-58] [REFERRED TO]
NEERAJ AGARWAL S/O SH MANMOHAN AGGARWAL VS. M/S. WAVE MEGACITY CENTRE PVT. LTD [LAWS(NCD)-2022-1-9] [REFERRED TO]
SHIV KUMAR VS. D.L.F. UNIVERSAL LTD [LAWS(NCD)-2022-3-32] [REFERRED TO]
DEVENDER BANSAL VS. ANSAL HOUSING & CONSTRUCTION LIMITED [LAWS(NCD)-2022-7-27] [REFERRED TO]
RITA BHATIA VS. TRANQUILLE LIVING SPACES PRIVATE LIMITED [LAWS(NCD)-2022-9-4] [REFERRED TO]
TDI INFRASTRUCTURE LIMITED VS. SINDER PAUL GARG [LAWS(NCD)-2022-9-84] [REFERRED TO]
ALAUDDIN ANSARI VS. ISH REALTORS PVT. LTD [LAWS(NCD)-2023-11-53] [REFERRED TO]
ANAJALI BAGAI VS. SS GROUP PVT. LTD. [LAWS(NCD)-2023-2-62] [REFERRED TO]
SAMRUDDHI CO-OPERATIVE HOUSING SOCIETY LTD VS. MUMBAI MAHALAXMI CONSTRUCTION PVT. LTD [LAWS(SC)-2022-1-31] [REFERRED TO]
SHRADDHA SACHAN VS. AURA BUILDWELL PRIVATE LIMITED [LAWS(NCD)-2024-7-43] [REFERRED TO]
RHC VENTURES LIMITED VS. KITCHANNAGARI SARVESHWARA REDDY [LAWS(NCD)-2024-4-78] [REFERRED TO]
HARSH CONSTRUCTIONS VS. CONSUMER WELFARE ASSOCIATION [LAWS(NCD)-2023-9-91] [REFERRED TO]
AMIT GUPTA VS. BPTP LIMITED [LAWS(NCD)-2024-1-14] [REFERRED TO]
ASHISH DHINGRA VS. EMAAR MGF LAND LTD. [LAWS(NCD)-2023-7-59] [REFERRED TO]
VIRENDER SHARMA VS. HAAMID REAL ESTATES PRIVATE LIMITED [LAWS(NCD)-2023-8-86] [REFERRED TO]
JATIN JAIN VS. ADANI M2K PROJECTS LLP [LAWS(NCD)-2023-6-26] [REFERRED TO]
B.B. PATEL & ORS VS. DLF UNIVERSAL LTD [LAWS(SC)-2022-1-75] [REFERRED TO]
SUBHASH MANGLA VS. M3M INDIA LTD. [LAWS(NCD)-2019-11-81] [REFERRED TO]
SHASHI BALA MITTAL VS. KEWAL KRISHAN MITTAL [LAWS(NCD)-2020-11-40] [REFERRED TO]
ARIHANT SUPERSTRUCTURES LTD VS. PUSHPA AGARWAL [LAWS(NCD)-2022-5-5] [REFERRED TO]
P.P. SOCIAL WELFARE SOCIETY VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2022-6-67] [REFERRED TO]
ABDUL RASHEED KHAN VS. MANTRI DEVELOPERS PVT. LTD. DATE OF DECISION : <RP>01-07-2022 [LAWS(NCD)-2022-7-34] [REFERRED TO]
JAIPRAKASH ASSOCIATES LIMITED VS. DEEPTI KUMAR [LAWS(NCD)-2022-9-87] [REFERRED TO]
SUJEET JAIN VS. DB REALTY LIMITED [LAWS(NCD)-2022-8-47] [REFERRED TO]
MOHAN S. KALE VS. CHHAYA MOHAN KALA HILLARI VICTOR DSOUZA [LAWS(NCD)-2024-11-60] [REFERRED TO]
VEENA JAIN VS. COUNTRY COLONISERS PRIVATE LIMITED [LAWS(NCD)-2024-11-77] [REFERRED TO]
MAHTAB SINGH VS. RAMPRASTHA PROMOTERS DEVELOPERS (PVT) LTD. [LAWS(NCD)-2024-2-6] [REFERRED TO]
JAY KUMAR MANOT VS. RUCHI REALITY HOLDINGS LTD. [LAWS(NCD)-2024-2-19] [REFERRED TO]
NAVEEN RAI VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2023-5-52] [REFERRED TO]
HARBANI BATRA VS. ATHENA INFRASTRUCTURE LTD [LAWS(NCD)-2023-8-44] [REFERRED TO]
SURENDER SETHI VS. MGF DEVELOPMENT LIMITED [LAWS(NCD)-2024-1-74] [REFERRED TO]
RITESH LAKHI VS. GREATER MOHALI AREA DEVELOPMENT AUTHORITY [LAWS(NCD)-2023-11-19] [REFERRED TO]
VAYALIL PARAMESWARAN RADHAKRISHNA PILLAI VS. HEBRON PROPERTIES PVT. LTD. [LAWS(NCD)-2023-12-28] [REFERRED TO]
PODDAR INFRATECH PVT. LTD VS. IMPERIA STRUCTURES LTD [LAWS(NCD)-2023-12-45] [REFERRED TO]
DLF HOME DEVELOPERS LTD. VS. CAPITAL GREENS FLAT BUYERS ASSOCIATION AND ORS. [LAWS(SC)-2020-12-64] [REFERRED TO]
EXPERION DEVELOPERS PVT. LTD. VS. SUSHMA ASHOK SHIROOR [LAWS(SC)-2022-4-17] [REFERRED TO]
SUNITA SAMARIA SINGH VS. M/S. ANSAL BUILDWELL LTD. [LAWS(DLH)-2023-1-66] [REFERRED TO]
ASHISH VOHRA VS. M/S. RAHEJA DEVELOPERS [LAWS(NCD)-2023-6-44] [REFERRED TO]
ALOK KUMAR VS. VATIKA LIMITED [LAWS(NCD)-2023-8-80] [REFERRED TO]
VIRENDER GOEL VS. RAHEJA DEVELOPERS LIMITED [LAWS(NCD)-2023-5-70] [REFERRED TO]
RAKESH SOROUT VS. ANSAL CROWN INFRABUILD PVT. LTD [LAWS(NCD)-2023-5-86] [REFERRED TO]
ASHOK KUMAR TANEJA VS. GOLDEN PEACOCK RESIDENCE PVT. LTD [LAWS(NCD)-2023-5-53] [REFERRED TO]
GULSHAN KUMAR KAPOOR VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2023-10-1] [REFERRED TO]
ANUBHAV SINGHAL VS. RAHEJA DEVELOPERS LTD [LAWS(NCD)-2023-11-38] [REFERRED TO]
CHAIRMAN AND MANAGING DIRECTOR INDIA AIRLINES VS. C.V. JOSEPH [LAWS(NCD)-2023-12-31] [REFERRED TO]
ROHIT THAKUR VS. DLF UNIVERSAL LIMITED [LAWS(NCD)-2023-12-43] [REFERRED TO]
VIKAS MALHOTRA VS. RAMPRASTHA ESTATES PVT. LTD [LAWS(NCD)-2023-12-47] [REFERRED TO]
RAJENDER KUMAR YADAV VS. S. S. GROUP PVT. LTD [LAWS(NCD)-2023-2-12] [REFERRED TO]
MORPHEUS DEVELOPERS PRIVATE LTD VS. RAVI RANJAN [LAWS(NCD)-2020-3-16] [REFERRED TO]
KARNATAKA TELECOM DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY LTD. VS. ROOPA SATHYA MURTHY [LAWS(NCD)-2020-11-27] [REFERRED TO]
SUBRATO BANDHU VS. MILLENNIA REALTORS PRIVATE LIMITED [LAWS(NCD)-2022-1-14] [REFERRED TO]
M. PRERNA PAI VS. TRISHUL DEVELOPERS [LAWS(NCD)-2022-10-7] [REFERRED TO]
ANIL AGARWALLA VS. IMPERIAL HOUSING VENTURES PVT. LTD. [LAWS(NCD)-2022-1-21] [REFERRED TO]
RAJESH SINGH VS. IMPERIAL HOUSING VENTURES PVT. LTD [LAWS(NCD)-2022-2-74] [REFERRED TO]
AAYUSH SUSEELAN VANCHANMAL VS. LUCINA LAND DEVELOPMENT LTD. [LAWS(NCD)-2022-3-26] [REFERRED TO]
COMPACK FOAM PVT. LTD. VS. NATIONAL INSURANCE CO. LTD. [LAWS(UTN)-2022-6-91] [REFERRED TO]
SUNIL KUMAR YADAV VS. S.S. GROUP PVT. LTD [LAWS(NCD)-2023-8-10] [REFERRED TO]
TDI INFRASTRUCTURE PVT. LTD. VS. ANJU GUPTA [LAWS(NCD)-2024-5-83] [REFERRED TO]
TDI INFRASTRUCTURE LIMITED VS. UMED SINGH [LAWS(NCD)-2024-9-12] [REFERRED TO]
BHOPAL DEVELOPMENT AUTHORITY BHOPAL VS. CHANDRA PRAKAS CHOUKSE [LAWS(NCD)-2024-9-19] [REFERRED TO]
ADARSH DEVELOPERS VS. SUMAN RUPANAGUDI [LAWS(KAR)-2021-6-150] [REFERRED TO]
DR. MRIDULA RAJBANSHI VS. UMANG REALTECH (P) LIMITED [LAWS(NCD)-2021-7-40] [REFERRED TO]
RAJU ANANDA SHELAR VS. JAYATI CONSTRUCTIONS [LAWS(NCD)-2019-12-65] [REFERRED TO]
M/S BAGADIA PROPRIETIES(P) LTD VS. ANANTHALAKSHMI GOPINATH [LAWS(NCD)-2020-2-14] [REFERRED TO]
AJIT AGRAWAL VS. M/S. WAVE MEGACITY CENTRE PVT. LTD [LAWS(NCD)-2022-1-1] [REFERRED TO]
MADHUSHREE SINGH VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2022-1-29] [REFERRED TO]
TARUN GUPTA VS. PAREENA INFEASTRUCTURES PVT. LTD [LAWS(NCD)-2022-10-40] [REFERRED TO]
SURESH MANGAL VS. WAVA MEGACITY CENTRE PRIVATE LTD [LAWS(NCD)-2022-10-47] [REFERRED TO]
MIST AVENUE PRIVATE LIMITED VS. SWATI AGARWAL [LAWS(NCD)-2022-2-68] [REFERRED TO]
VINOD GUPTA VS. EMAAR MGF LAND LIMITED [LAWS(NCD)-2022-7-29] [REFERRED TO]
MANISH KUMAR PATNI VS. EMAAR MGF LAND LIMITED [LAWS(NCD)-2023-1-8] [REFERRED TO]
AMIT KUMAR JAIN VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2022-3-39] [REFERRED TO]
SHUBRE PRAKASH VS. IREO GRACE REALTECH PVT. LTD. [LAWS(NCD)-2022-6-32] [REFERRED TO]
SANJIV GOYAL VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2023-10-35] [REFERRED TO]
TDI CITY WELFARE ASSOCIATION VS. TDI INFRASTRUCTURE LIMITED [LAWS(NCD)-2023-11-1] [REFERRED TO]
VIVA HALL MARK E WING COOPERATIVE HOUSING SOCIETY LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-10-95] [REFERRED TO]
BOMBAY DYEING & MANUFACTURING COMPANY LIMITED VS. ASHOK NARANG [LAWS(BOM)-2021-8-166] [REFERRED TO]
MANU DEV DAHIYA VS. ANSAL BUILDWELL LIMITED [LAWS(NCD)-2019-12-34] [REFERRED TO]
NARENDER GUPTA VS. DLF LIMITED [LAWS(NCD)-2020-1-122] [REFERRED TO]
GUNJAN AGGARWAL VS. SEPSET PROPERTIES PVT. LTD. [LAWS(NCD)-2020-9-23] [REFERRED TO]
RAJU CHOWDHARY VS. ATHENA INFRASTRUCTURE LTD. [LAWS(NCD)-2022-1-28] [REFERRED TO]
AMIT GUPTA VS. VATIKA LIMITED [LAWS(NCD)-2019-10-40] [REFERRED TO]
RUHIL RESIDENCY FLAT OWNERS ASSOCIATION VS. RUHIL PROMOTERS PVT. LTD [LAWS(NCD)-2022-10-18] [REFERRED TO]
JAMAL SARWAR SABRI VS. ANSAL HOUSING LIMITED [LAWS(NCD)-2022-2-82] [REFERRED TO]
RUPALI BAHL VS. IREO GRACE REALTECH PRIVATE LIMITED [LAWS(NCD)-2023-1-71] [REFERRED TO]
GUNJITA NIR VS. DLF HOMES PANCHKULA LTD [LAWS(NCD)-2023-1-73] [REFERRED TO]
JALANDHAR IMPROVEMENT TRUST VS. SATISH KUMAR [LAWS(NCD)-2022-8-39] [REFERRED TO]
JAIPRAKASH ASSOCIATES LTD VS. DN KHURANA [LAWS(NCD)-2022-9-34] [REFERRED TO]
NARENDER CHOPRA VS. JAIPRAKASH ASSOCIATES LTD [LAWS(NCD)-2022-5-57] [REFERRED TO]
AASHISH BANSAL VS. IREO PVT. LTD. [LAWS(NCD)-2022-5-12] [REFERRED TO]
BALAJI SUPER SPECIALITY HOSPITAL VS. ARUNA AGARWAL [LAWS(NCD)-2022-6-51] [REFERRED TO]
RAKESH GUPTA VS. IREO GRACE REALTECH PVT. LTD [LAWS(NCD)-2023-8-56] [REFERRED TO]
GAURAV GUPTA VS. RAHEJA DEVELOPERS LTD [LAWS(NCD)-2023-11-4] [REFERRED TO]
RAVI KUMAR YADAV VS. ABHAY KUMAR, DIRECTOR ELEGANT INFRACON PRIVATE LIMITED [LAWS(NCD)-2023-11-13] [REFERRED TO]
ALPANA AGGARWAL VS. EMAAR MGF LAND LTD [LAWS(NCD)-2023-3-66] [REFERRED TO]
SUKHMANDER SINGH SAMRA VS. EMAAR MGF LAND LTD. [LAWS(NCD)-2023-3-79] [REFERRED TO]
JAMIT KAUR VS. DLF UNIVERSAL LIMITED [LAWS(NCD)-2023-9-7] [REFERRED TO]
TDI INFRASTRUCTURE PVT. LTD. VS. SHAKTI KUMAR JAIN [LAWS(NCD)-2024-5-87] [REFERRED TO]
ANIS FATMA BEGUM VS. AZEM ALI [LAWS(NCD)-2024-7-52] [REFERRED TO]
INDSIL HYDRO POWER AND MANGANESE LIMITED VS. STATE OF KERALA [LAWS(SC)-2021-9-16] [REFERRED TO]
PARMOD KUMAR MADAN VS. DLF LTD. [LAWS(NCD)-2021-12-46] [REFERRED TO]
JAI PRAKASH KAUSHIK VS. UMANG REALTECH PRIVATE LIMITED [LAWS(NCD)-2023-5-87] [REFERRED TO]
AJAY KUMAR GUPTA VS. PRATEEK INFRA PROJECTS INDIA PVT. LTD. [LAWS(NCD)-2023-8-92] [REFERRED TO]
SACHIN GOEL VS. ANSAL HOUSING & CONSTRUCTION LIMITED [LAWS(NCD)-2022-7-11] [REFERRED TO]
MONISHA BHARGAVA VS. ANSAL PROPERTIES AND INFRASTRUCTURE LIMITED [LAWS(NCD)-2022-9-36] [REFERRED TO]
SANJIV PURI VS. IREO GRACE REALTECH PRIVATE LIMITED [LAWS(NCD)-2023-1-78] [REFERRED TO]
YASHODA BHATT VS. VIHAAN DEVELOPERS PVT. LTD. [LAWS(NCD)-2023-11-52] [REFERRED TO]
RAJAN HANDA VS. M/S. M3M INDIA DEVELOPERS LIMITED [LAWS(NCD)-2021-9-5] [REFERRED TO]
ANURADHA SETHI VS. EMAAR MGF LAND LTD [LAWS(NCD)-2022-10-39] [REFERRED TO]
M/S. TDI INFRASTRUCTURE LTD VS. DURGA SHARMA [LAWS(NCD)-2022-2-9] [REFERRED TO]
PARAS CHOPRA VS. EMAAR MGF LAND LIMITED [LAWS(NCD)-2022-4-26] [REFERRED TO]
IREO GRACE REALTECH PVT LTD VS. ABHISHEK KHANNA [LAWS(SC)-2021-1-15] [REFERRED TO]


JUDGEMENT

INDU MALHOTRA,J. - (1.)The present statutory Appeals have been filed under Section 23 of the Consumer Protection Act , 1986 to challenge the Final Judgment and Order dated 23.10.2018 passed in Consumer Case No. 238 of 2017 and Consumer Case No. 239 of 2017 by the National Consumer Disputes Redressal Commission (hereinafter referred to as "the National Commission").
(2.)Since a common issue arises in both the Civil Appeals, they are being disposed of by the present common Judgment and Order.
(3.)For the sake of brevity, the facts in C.A. No. 12238 of 2018 are being referred to, being the lead matter. The factual matrix of the said Civil Appeal is as under :
3.1. The Appellant - Builder launched a residential project by the name "Araya Complex" in Sector 62, Golf Course Extension Road, Gurugram. The Respondent - Flat Purchaser entered into an Apartment Buyer's Agreement dated 08.05.2012 with the Appellant - Builder to purchase an apartment in the said project for a total sale consideration of Rs. 4,83,25,280/-. As per Clause 11.2 of the Agreement, the Appellant - Builder was to make all efforts to apply for the Occupancy Certificate within 39 months from the date of excavation, with a grace period of 180 days.

3.2. The excavation of the project commenced on 04.06.2012. As per Clause 11.2 of the Agreement, the Builder was required to apply for the Occupancy Certificate by 04.09.2015, or within a further grace period of 6 months i.e. by 04.03.2016, and offer possession of the flat to the Respondent - Flat Purchaser. The Appellant - Builder however failed to apply for the Occupancy Certificate as per the stipulations in the Agreement.

3.3. The Respondent - Flat Purchaser filed a Consumer Complaint before the National Commission on 27.01.2017 alleging deficiency of service on the part of the Appellant - Builder for failure to obtain the Occupancy Certificate, and hand over possession of the flat. The Respondent prayed inter-alia for :-

• Refund of the entire amount deposited being Rs. 4,48,43,026/-, along with Interest @18% p.a.; and

• Compensation of Rs. 10,00,000/- for mental agony, harassment, discomfort and undue hardship; and

• Refund of the wrongfully charged taxes including Service Tax, and other charges along with Interest @18% p.a.; and

• Litigation Costs of Rs. 1,00,000/-.

3.4. On 06.02.2017, the National Commission passed an ex- parte Interim Order restraining the Appellant - Builder from cancelling the allotment made in favour of the Respondent - Flat Purchaser during the pendency of the Consumer Case.

3.5. During the pendency of the proceedings before the National Commission, the Appellant - Builder obtained the Occupancy Certificate on 23.07.2018, and issued a Possession Letter to the Respondent - Flat Purchaser on 28.08.2018.

3.6. The Appellant - Builder submitted before the National Commission that since the construction of the apartment was complete, and the Occupancy Certificate had since been obtained, the Respondent - Flat Purchaser must be directed to take possession of the apartment, instead of directing refund of the amount deposited.

3.7. The Respondent - Flat Purchaser however submitted that he was not interested in taking possession of the apartment on account of the inordinate delay of almost 3 years. The Respondent - Flat Purchaser stated that he had, in the meanwhile, taken an alternate property in Gurugram, and sought refund of the entire amount of Rs. 4,48,43,026/- deposited by him along with Interest @18% p.a.

3.8. The National Commission vide Final Judgment and Order dated 23.10.2018 allowed the Consumer Complaint filed by the Respondent - Flat Purchaser, and held that since the last date stipulated for construction had expired about 3 years before the Occupancy Certificate was obtained, the Respondent - Flat Purchaser could not be compelled to take possession at such a belated stage. The grounds urged by the Appellant - Builder for delay in handing over possession were not justified, so as to deny awarding compensation to the Respondent - Flat Purchaser. The clauses in the Agreement were held to be wholly one - sided, unfair, and not binding on the Respondent - Flat Purchaser. The Appellant - Builder was directed to refund Rs. 4,48,43,026/- i.e. the amount deposited by the Respondent - Flat Purchaser, along with Interest @10.7% S.I. p.a. towards compensation. The rate of Interest @10.7% S.I. p.a. was fixed in accordance with Rule 15 of the Haryana Real Estate (Regulation and Development) Rules, 2017 which reads as follows :

"15. An allottee shall be compensated by the promoter for loss or damage sustained due to incorrect or false statement in the notice, advertisement, prospectus or brochure in the terms of Section 12. In case, allottee wishes to withdraw from the project due to discontinuance of promoter's business as developers on account of suspension or revocation of the registration or any other reason(s) in terms of clause (b) sub- section (I) of Section 18 or the promoter fails to give possession of the apartment/ plot in accordance with terms and conditions of agreement for sale in terms of sub-section (4) of section 19 . The promoter shall return the entire amount with interest as well as the compensation payable. The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India highest marginal cost of lending rate plus two percent. ."
(emphasis supplied) However, for the period when the Interim Order dated 06.02.2017 was in operation, which restrained the Appellant - Builder from cancelling the Respondent's allotment, no Interest was awarded. The National Commission ordered payment of Interest from the date of each installment till 05.02.2017; and from the date of the Order passed by the Commission till the date on which the amount would be refunded.
3.9. Aggrieved by the Order dated 23.10.2018 passed by the National Commission, the Appellant - Builder preferred the present statutory Appeal under Section 23 of the Consumer Protection Act, 1986.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.