SC Asks Developer To Pay Rs. 2.27 Cr Compensation To Buyer, Modifies NCDRC Order Of Rs 3.65 Cr Damages [Read Judgment]
Observing that the rule of measuring damages from the time of breach of contract is flexible, the Supreme Court modified compensation of Rs 3.65 crore awarded by NCDRC to a flat buyer in a redevelopment project to Rs 2.27 crore.A bench of Justice NV Ramana and Justice S Abdul Nazeer modified the order of NCDRC saying the claim granted by “NCDRC seems to surpass the actual-loss based damages. Observing that the rule of measuring damages from the time of breach of contract is flexible, the Supreme Court modified compensation of Rs 3.65 crore awarded by NCDRC to a flat buyer in a redevelopment project to Rs 2.27 crore. “It may be noted that where there is non-delivery of the flat/house, and the developer has refused to provide alternative and equivalent accommodation, and the buyer lacks means to purchase a substitute from the market, then in such circumstances, damages would not be reasonable to be assessed on the breach date,” the court said. The bench was hearing an appeal filed by a real estate developers Fortune Infrastructure, now known as Hicon Infrastructure, against the order of NCDRC passed in 2016 granting a compensation of Rs 3.65 crore to a flat buyer after the project failed to take off.
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