NCDRC Directs Builder To Pay Delayed Compensation To Homebuyer Until Occupation Certificate Was Received
1 month, 2 weeks ago

NCDRC Directs Builder To Pay Delayed Compensation To Homebuyer Until Occupation Certificate Was Received

Live Law  

National Consumer Disputes Redressal Commission bench comprising of Subhash Chandra and AVM J. Rajendra directed builder to pay compensation for the delay to the homebuyer until the date the occupation certificate was received. The homebuyer who took possession in October 2015 filed complaints before the National Commission, claiming delayed compensation from the due date of possession till the date the occupation certificate was received. Despite the delayed possession, the homebuyer contended that legal possession has yet to be granted as the builder failed to obtain the requisite Occupation Certificate for Tower C from the Director Town and Country Planning. Therefore, being aggrieved by the delay, Homebuyer filed two complaints before the National Commission inter alia seeking legal and valid possession, compensation for delay, litigation cost and a concession in the maintenance charges levied by the Builder.

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History of this topic

Delhi District Commission (South) Holds M/s Adinath Properties Pvt. Ltd. Liable For Unfair Trade Practices For Making Offer Of Possession Without OC/CC
2 months ago

Delhi District Commission (South) Holds M/s Adinath Properties Pvt. Ltd. Liable For Unfair Trade Practices For Making Offer Of Possession Without OC/CC

Live Law  

The District Consumer Disputes Redressal Commission-II held M/s Adinath Properties Pvt. Ltd. liable for unfair trade practices and deficiency in service for making an offer of possession without providing the Occupancy Certificate and Completion Certificate to the Complainants. Vs. Govindan Raghavan CA 12238/2018, the Complainants claimed that on 05.08.2020, the Opposite Party sent a reminder for possession of residential unit …

WBREAT Directs Builder To Hand Over Possession Of Flat To Homebuyer And Pay Interest For Delay
2 months, 2 weeks ago

WBREAT Directs Builder To Hand Over Possession Of Flat To Homebuyer And Pay Interest For Delay

Live Law  

West Bengal Real Estate Appellate Tribunal, comprising Justice Rabindranath Samanta, Gour Sunder Banerjee and Dr. Subrat Mukherjee has directed the builder to hand over possession of the flat after obtaining the completion certificate from the relevant authority and pay interest to the homebuyer for the delay in possession. Background Facts The homebuyer purchased a flat with a car parking space …

Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation
2 months, 2 weeks ago

Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation

Live Law  

Haryana Real Estate Regulatory Authority Bench, Comprising of Rajender Kumar has directed National Buildings Construction Corporation Limited to compensate the homebuyer for rental expenses and mental agony after they were forced to vacate their flat as the project was found unsafe for living due to its unsafe construction after taking possession. On February 17, 2022, the District Magistrate-cum-Chairperson, District Disaster …

NCDRC Holds Experion Developers Liable For Deficiency In Service
2 months, 3 weeks ago

NCDRC Holds Experion Developers Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia held Experion Developers liable for deficiency in service and stated that forfeiture of more than 10% of the basic sale price by the developer is unreasonable. Brief Facts of the Case The complainants booked a 3BHK flat with Experion Developers/developer in Gurgaon after being influenced by Contentions of the …

Failing To Deliver Possession Within Stipulated Period: NCDRC Holds TDI Infrastructure Liable For Deficiency In Service
3 months ago

Failing To Deliver Possession Within Stipulated Period: NCDRC Holds TDI Infrastructure Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held TDI Infrastructure liable for deficiency in service over delay in handing over possession of the property as per the builder-buyer agreement. They cited the Rohit Chaudhary vs. M/s Vipul Ltd. case, where the court held that a commercial shop must be purchased for self-sustenance …

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted
Trending News
3 months, 2 weeks ago

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted

Live Law  

Haryana Real Estate Regulatory Authority Bench comprising Rajender Kumar dismissed the homebuyer's complaint against M/s. Authority held that no additional compensation can be granted to the homebuyer when delay possession compensation has already been granted along with interest under Section 18 of the RERA, 2016. Through its order dated December 11, 2018, the authority directed the builder to pay interest …

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8
3 months, 2 weeks ago

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8

Live Law  

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. Delhi State Commission Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Case Title: Mr. Raman Singla Vs. TDI Infrastructure Ltd Case Number: C.C. 875/2018 The …

Using Poor Quality Material During Construction: NCDRC Holds Builder Liable For Deficiency In Service
3 months, 2 weeks ago

Using Poor Quality Material During Construction: NCDRC Holds Builder Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that usage of subpar resources for construction amounts to deficiency in service. The State Commission reversed the District Commission's order and directed the builder to Rs.8.35 lakhs collected in excess at 8% interest, along with Rs. Observations by the National Commission The National Commission observed that the key …

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service
Trending News
3 months, 3 weeks ago

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. Brief Facts of the Case The complainants booked a residential unit from Realtech Development and Infrastructure/developer for Rs. Despite repeated inquiries, …

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking
3 months, 3 weeks ago

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia and Mr. Rohit Kumar Singh, held that raising demand for additional amounts and arbitrary cancelling of the booked flat amounts as deficiency in service. Contentions of the Developer The developer argued that the complainant provided contradictory affidavits regarding her income and failed to deposit the required registration amount of …

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service
3 months, 3 weeks ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that making buyers wait indefinitely for possession amounts to deficiency in service. It directed the builder to pay interest on the amount paid by the complainant at 6% per annum from the end of the grace period until the complaint filing and 9% per …

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service
3 months, 3 weeks ago

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that failure to fulfill contractual obligations and delay in handing over possession amounts as deficiency in service. The builder further claimed that the State Commission acted without proper evidence and that the complainants intentionally hid facts, including an injunction order from the Bombay High …

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service
3 months, 3 weeks ago

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that reliance on force majeure clauses to justify prolonged delays in possession is unacceptable and amounts to deficiency in service. Observations by the National Commission The National Commission observed that there was a clear deficiency in service by the developer, as possession of the …

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund
4 months, 2 weeks ago

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund

Live Law  

National Consumer Disputes Redressal Commission Bench, comprising AVM J. Rajendra, held that the complainant who purchased a shop in the builder's commercial project qualifies as a consumer as the intent behind the purchase was self employment. Previously, the State Commission had dismissed the complainant's complaint on the grounds that the shop was intended for commercial use and therefore, the complainant …

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
6 months, 2 weeks ago

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as earnest money. The …

Refund Offer From Builder After Long Delay Considered Inadequate: NCDRC
6 months, 3 weeks ago

Refund Offer From Builder After Long Delay Considered Inadequate: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Lucknow Development Authority liable for deficiency in service. The Commission held that a buyer can not be made to wait indefinitely for possession, and a refund offer from the builder after a long delay is inadequate. The complainant filed a complaint before the State …

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC
7 months, 2 weeks ago

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and AVM J. Rajendra, held Big Banyan Roots liable for deficiency in service and held that a buyer has rights to a refund in cases of delay or cancellation of allotment. The State Commission partly allowed the complaint and directed the builder to refund the sum of Rs.75,58,000 to the …

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat
7 months, 3 weeks ago

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat

Hindustan Times  

New Delhi, Jul 29 The Supreme Court on July 29 upheld an order of the National Consumer Disputes Redressal Commission directing a developer to refund the entire amount paid by the home buyers for delayed possession of their flat. SC upholds order for refund of amount to home buyers by builder for delayed possession of flat A bench of Justices …

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time
8 months ago

Delhi State Commission Holds Ansal Housing Liable For Failure To Deliver Flat Possession Within Stipulated Time

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal and Mr J.P. Agrawal held 'Ansal Housing Ltd.' liable for deficiency in service for failure to deliver a flat within the stipulated contractual period. Since the possession of the unit with the agreed facilities was not delivered, nor was the amount refunded, the State Commission observed that …

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony
8 months ago

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony

Live Law  

Punjab Real Estate Regulatory Authority bench, consisting of Balbir Singh, has directed M/s Sushma Buildtech Limited, the builder, to compensate the homebuyers for the mental agony and harassment endured due to a four-year delay in offering possession. Background Facts The homebuyers jointly booked a flat in the builder's project Sushma Chandigarh Grande for a total sale consideration of Rs. Observation …

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date
8 months, 2 weeks ago

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date

Live Law  

While directing the builder to pay interest to the homebuyer for delayed possession, Maharashtra Real Estate Regulatory Authority bench, comprising Ajoy Mehta, held that builders are aware of market conditions, therefore, they are required to conduct due diligence before declaring the possession date. If the builder fails to complete or is unable to give possession of an apartment, plot, or …

MahaRERA Orders Jayesh Buildcon To Pay Interest To Homebuyers For Delay In Handing Over Possession
8 months, 2 weeks ago

MahaRERA Orders Jayesh Buildcon To Pay Interest To Homebuyers For Delay In Handing Over Possession

Live Law  

Maharashtra Real Estate Regulatory Authority bench, comprising Mahesh Pathak, directed Jayesh Buildcon to pay interest to the homebuyer for the delay in handing over possession of the flat. Observation and direction by Authority The authority observed that the builder has completed the project and has obtained the Occupancy Certificate for the homebuyers flats on 22-11-2022 from the competent authority. The …

Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC
8 months, 3 weeks ago

Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that the amount forfeited due to a breach of contract should be fair and justifiable. The complainant asserted having paid a total of Rs.11,21,876 but received only Rs.7,20,000 as a refund from the realtor, prompting the complaint of deficiency in service filed before the State Commission of Delhi. …

Reasonable Period To Offer Possession Is Three Years If Not Specified In Agreement: NCDRC
8 months, 3 weeks ago

Reasonable Period To Offer Possession Is Three Years If Not Specified In Agreement: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held Purearth Infrastructure liable for deficiency in service due to delay in possession of the booked flat, citing a lack of possession date in the agreement. After several unanswered emails, the complainant sent a legal notice seeking possession and delay compensation, which the builder ignored, leading to the …

Handing Over Possession To Third Party Without Buyer's Consent Is Deficiency In Service: NCDRC
8 months, 3 weeks ago

Handing Over Possession To Third Party Without Buyer's Consent Is Deficiency In Service: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Maya Realtors liable for deficiency in service due to handing over possession of the booked flat to a third party without the buyer's consent. Furthermore, the builders never informed the Complainant about the completion of the flat's construction and never handed over the keys, demonstrating a clear deficiency …

Corporative Hosuing, Contractual Property Price Is Binding In Nature, But Liable For Defects And Delay : NCDRC
9 months, 1 week ago

Corporative Hosuing, Contractual Property Price Is Binding In Nature, But Liable For Defects And Delay : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that consumer forums cannot arbitrate on pricing disputes since contractual property prices are binding in nature. Brief Facts of the Case In 2008, the Punjab State Federation Cooperative Society launched a housing scheme, and the complainant applied for a super deluxe flat, paying Rs. …

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service
9 months, 1 week ago

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that builders cannot demand interest from the buyer if the project is already delayed beyond the agreed-upon time. The commission noted that the complainants made around 60% of the payment and were willing to pay the balance sale consideration, but the builder kept raising demands for interest, …

Co-Promoters Liable To Refund Amounts Under Real Estate Laws: NCDRC
9 months, 2 weeks ago

Co-Promoters Liable To Refund Amounts Under Real Estate Laws: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya, held that shareholders are co-promoters under the Maharashtra Ownership Flats Act 1963, and according to the Real Estate Act 2016, the promoter is responsible for refunding amounts owed by other prompters. Contentions of the Developer The developer argued that as per the development agreement clause …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
9 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Multiple Compensations For A Single Default Is Unjustified: NCDRC
9 months, 3 weeks ago

Multiple Compensations For A Single Default Is Unjustified: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra alongside Sadhna Shanker, held M/S. Exact Developers & Promoters liable for deficiency in service but set aside the state commission's order for granting compensation for mental agony, as multiple compensations cannot be granted for a single default. If the developer failed to do so, the complainants were entitled to refund …

HPRERA - Builder Cannot Demand Full Payment from Homebuyer If Project's Occupancy Certificate Has Not Been Obtained
11 months, 1 week ago

HPRERA - Builder Cannot Demand Full Payment from Homebuyer If Project's Occupancy Certificate Has Not Been Obtained

Live Law  

The Himachal Real Estate Regulatory Authority bench comprising of Justice Dr. Srikant Badli and BC Badalia, has held that a builder cannot demand full payment from the homebuyer if the Project's Occupancy Certificate has not been obtained and the construction of the flat is not complete within the agreed time for delivery of possession. HPRERA Order HPRERA, while directing the …

Haryana RERA Holds Builder's Pre-Occupation Certificate Possession Offer Invalid, Orders Interest For Delayed Possession
11 months, 3 weeks ago

Haryana RERA Holds Builder's Pre-Occupation Certificate Possession Offer Invalid, Orders Interest For Delayed Possession

Live Law  

Haryana Real Estate Regulatory Authority comprising Justice Vijay Kumar Goyal, has held that the offer of possession made by the builder before obtaining the Occupation Certificate from local authorities is invalid and contrary to the law. At that time, the Builder had not obtained an occupation certificate for the project, thus, the Homebuyer rejected the possession offer of the Builder. …

Compensation Beyond The Date Of The Offer Of Possession Is Not Justifiable: NCDRC
1 year, 2 months ago

Compensation Beyond The Date Of The Offer Of Possession Is Not Justifiable: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra in a case against Shipra Estate, held that compensation for delayed possession is typically granted only until the valid offer of possession. However, even after sending a legal notice asking for compensation for the remaining committed period, including beyond the date of the offer of possession, the developer did not …

Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs
1 year, 2 months ago

Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs

Live Law  

The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit at 'Super Nova' project in Noida within the stipulated time frame despite receiving substantial payments from the complainants. The commission found that the delay in possession amounted …

NCDRC Directs Mahindra Lifespace Developers To Pay Delayed Compensation With An Interest On The Deposit Of The Home Buyer
2 years, 2 months ago

NCDRC Directs Mahindra Lifespace Developers To Pay Delayed Compensation With An Interest On The Deposit Of The Home Buyer

Live Law  

The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the presiding member and Dr. Inder Jit Singh as member has directed Mahindra Lifespace Developers to pay delayed compensation on the home deposit paid by the complainants at an interest rate of 6% p.a. The opposite party submitted before the commission that under the apartment buyers …

Consumer forum asks builder to rectify defects, furnish occupancy certificate
2 years, 4 months ago

Consumer forum asks builder to rectify defects, furnish occupancy certificate

The Hindu  

A consumer disputes redressal commission directed a construction company to pay compensation between ₹15,000 and ₹50,000 each to complainants, complete the construction of amenities, rectify defects and furnish occupancy certificates. The District Consumer Disputes Redressal Commission-I, Hyderabad, was dealing with a clutch of complaints filed by flat owners of Vasantha Happy Homes Apartments in Keesara. The Commission also noted that …

NCDRC Directs Builder To Compensate Homebuyers For Delay In Refund Of Refundable Maintenance Deposit
3 years, 1 month ago

NCDRC Directs Builder To Compensate Homebuyers For Delay In Refund Of Refundable Maintenance Deposit

Live Law  

The Bench comprising Justice SM Kantikar and Justice Binoy Kumar at the National Consumer Disputes Redressal Commission has ordered a refund of the refundable maintenance along with delay compensation @6% for the Flat Owners of Mantri Residency from Builders' agencies. On completion of the construction, the Opposite Parties ie, M/S Mantri Estate Management Private Ltd and Ors collected a lumpsum …

Builder's Failure To Obtain Occupation Certificate Is A 'Deficiency In Service' Under Consumer Protection Act: Supreme Court
3 years, 2 months ago

Builder's Failure To Obtain Occupation Certificate Is A 'Deficiency In Service' Under Consumer Protection Act: Supreme Court

Live Law  

The Supreme Court observed that the failure of a builder to obtain occupation certificate is a deficiency in service under Consumer Protection Act 1986.The flat purchasers are well within their rights as 'consumers' to pray for compensation as a recompense for the consequent liability such as payment of higher taxes and water charges by the owners arising from the lack …

Builder's Demand For Extra Money On Account Of Alleged Increase In Sale Area Illegal: SC Affirms NCDRC Order By Dismissing Builder's Appeal
4 years, 2 months ago

Builder's Demand For Extra Money On Account Of Alleged Increase In Sale Area Illegal: SC Affirms NCDRC Order By Dismissing Builder's Appeal

Live Law  

The Supreme Court on Tuesday confirmed as illegal the builders' demand of extra money beyond the contractual sale consideration on account of alleged excess sale area. The bench headed by Justice D. Y. Chandrachud was hearing the builder's appeal against an August, 2020 decision of the NCDRC by which the builder, citing a contractual clause which permitted them to raise …

Builder ordered to pay Rs 1 lakh for delaying flat possession
4 years, 4 months ago

Builder ordered to pay Rs 1 lakh for delaying flat possession

India TV News  

The Consumer Commission has ordered a builder in Maharashtra's Thane district to pay Rs 1 lakh to a home buyer for delaying the possession of a flat. As per the complaint, the builder from Ghatkopar had floated a project called Vinayak Krupra at Titwala, in which the complainants had booked a flat for Rs 13 lakh and other miscellaneous charges …

'Homebuyers Cannot Be Made To Wait Indefinitely For Possession' : NCDRC Directs Developer To Refund Money [Read Judgment]
5 years, 6 months ago

'Homebuyers Cannot Be Made To Wait Indefinitely For Possession' : NCDRC Directs Developer To Refund Money [Read Judgment]

Live Law  

NCDRC has held that purchasers cannot be made to wait indefinitely for possession of building unit, and has directed real estate developer Golden Peacock Residency Pvt. The order came on a complaint filed by one Alok Kumar under Section 21 of the Consumer Protection Act, 1986 against the developer Golden Peacock Residency Pvt. The complainant Alok Kumar submitted that he …

Opinion | Homebuyers must be cautious when approaching NCLT
5 years, 8 months ago

Opinion | Homebuyers must be cautious when approaching NCLT

Live Mint  

Over the last decade, we have witnessed an enormous increase in the ordeal faced by homebuyers at the hands of developers. The government also made an amendment to the definition of “financial debt” in the IBC that allows homebuyers or other allottees of a real estate project to invoke IBC for the commencement of corporate insolvency resolution process against the …

NCDRC Orders Builder To Pay Rs.2.52 Crores To Homebuyer Who Was Not Delivered Flat As Promised [Read Order]
6 years ago

NCDRC Orders Builder To Pay Rs.2.52 Crores To Homebuyer Who Was Not Delivered Flat As Promised [Read Order]

Live Law  

A homebuyer-couple who was not delivered a 60th floor flat as promised by Mumbai-based Lodha Crown Buildmart Pvt Ltd has been granted relief by National Consumer Disputes Redressal Commission, which directed the builder to pay Rs 2.52 crores with interest at the rate of 9%. Apart from the builder-company, the NCDRC also held its present directors Ramandas Pandey and Pranav …

Force Majeure Not Ground For Builder To Seek Condonation Of Delays In Giving Possession Of Flats [Read Order]
6 years, 3 months ago

Force Majeure Not Ground For Builder To Seek Condonation Of Delays In Giving Possession Of Flats [Read Order]

Live Law  

Availability of land and approvals from competent authorities are fundamental requirements of a housing project and the responsibility of builder and non-fulfillment of its overall responsibilities of project planning, execution and completion are not grounds for condoning or overlooking delay in completion and handing over possession of residential units, the National Consumer Disputes. Availability of land and approvals from competent …

Home Buyers Can Seek Higher Compensation Than Token Amount Specified In Contract For Delayed Delivery Of Possession: NCDRC [Read Order]
6 years, 5 months ago

Home Buyers Can Seek Higher Compensation Than Token Amount Specified In Contract For Delayed Delivery Of Possession: NCDRC [Read Order]

Live Law  

The National Consumer Disputes Redressal Commission has ruled that builders cannot shield themselves behind the clause in the builder-buyer agreement to pay Rs. feet per month as compensation for delay in handing over flats for an “unreasonable” period and that the buyers have the option to seek higher compensation after taking possession of the property, or seek refund. feet per …

SC Asks Developer To Pay Rs. 2.27 Cr Compensation To Buyer, Modifies NCDRC Order Of Rs 3.65 Cr Damages [Read Judgment]
7 years ago

SC Asks Developer To Pay Rs. 2.27 Cr Compensation To Buyer, Modifies NCDRC Order Of Rs 3.65 Cr Damages [Read Judgment]

Live Law  

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 …

SC Asks Developer To Pay Rs. 2.27 Cr Compensation To Buyer, Modifies NCDRC Order Of Rs 3.65 Cr Damages [Read Judgment]
7 years ago

SC Asks Developer To Pay Rs. 2.27 Cr Compensation To Buyer, Modifies NCDRC Order Of Rs 3.65 Cr Damages [Read Judgment]

Live Law  

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 …

Builder-Buyer Agreements Often Favours Builders’ Interest: NCDRC [Read Order]
7 years, 9 months ago

Builder-Buyer Agreements Often Favours Builders’ Interest: NCDRC [Read Order]

Live Law  

Terming some builder- buyer agreements as ‘unconscionable contracts’, the National Consumer Disputes Redressal Commission has observed that the terms are usually framed ‘favourable’ and ‘suitable’ to builders/ service providers.The commission made this observation while dealing with an appeal against the state commission dismissing their complaints against the. Terming some builder- buyer agreements as ‘unconscionable contracts’, the National Consumer Disputes Redressal …

Builder-Buyer Agreements Often Favours Builders’ Interest: NCDRC [Read Order]
7 years, 9 months ago

Builder-Buyer Agreements Often Favours Builders’ Interest: NCDRC [Read Order]

Live Law  

Terming some builder- buyer agreements as ‘unconscionable contracts’, the National Consumer Disputes Redressal Commission has observed that the terms are usually framed ‘favourable’ and ‘suitable’ to builders/ service providers.The commission made this observation while dealing with an appeal against the state commission dismissing their complaints against the. Terming some builder- buyer agreements as ‘unconscionable contracts’, the National Consumer Disputes Redressal …

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