• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Tuesday, January 26, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Home Buyer Cannot Be Denied Compensation Just Because Earlier, Builder Had Offered Refund for Delayed Handing Over of Possession: SC

by Law Trend
December 21, 2020
in Judgements, Trending Stories
4 min read
flat
578
SHARES
1.7k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

Last week, the Supreme Court held in a case that the Home Buyer is not disentitled from claiming compensation just because the Builder has offered an Exit Option of refund of consideration alongwith interest.

The Court observed that a Home Buyer, who has booked a flat in the project for the purpose of a home for family, cannot be disentitled from his claim merely because the builder  has offered compensation.

A Bench of Hon’ble Justice DY Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee, has delivered this Judgment in a case involving the challenge to the Order of NCDRC.

Read Also

  • Real Estate Adjudicating Officer Can Award Compensation After Handing Over of Possession
  • Unfair Bargain Agreement of Flat Can’t Restrict Jurisdiction of Consumer Forum :SC
  • If Death Occurs inside the Privacy of House, the Residents Should Have a Plausible Explanation: SC
  • No Malice towards Kangana Ranaut Submits MCGM in Bombay HC
  • Can Possession be Denied to Home Buyer by Relying on Force Majeure Clause?

Capital Greens Flat Buyers Association filed a complaint before the NCDRC alleging that the developer DLF Home Developers Ltd. has caused delay in handing over the possession of flats, therefore a compensation @7% should be awarded from the promised date of possession.

The Commission allowed the claim of flat buyers. Feeling aggrieved DLF moved to Supreme Court challenging the Order of NCDRC on two counts:

  1. Possession was delayed due to Force Majeure conditions.
  2. Exit Offer was offered to buyers with interest @9%, but they refused.

On First ground of challenge the Supreme Court held that delay in approval of building plan is normal and it cannot be set up as force majeure condition.

On Second ground the Supreme Court held that a genuine flat buyer cannot be disentitled to his claim of compensation for delayed handing over of possession, merely because the developer has offered compensation and interest. It has been observed that a Home Buyer wants roof over the head. Mere offer of refund of consideration by the builder would not be a just recompense a genuine home buyer, who is committed to the agreement and want possession.

The option is always available to the home buyer either to accept the offer of developer or continue with the agreement. Therefore the argument to this effect is unsustainable.

Read Also

  • Real Estate Adjudicating Officer Can Award Compensation After Handing Over of Possession
  • Unfair Bargain Agreement of Flat Can’t Restrict Jurisdiction of Consumer Forum :SC
  • Can Possession be Denied to Home Buyer by Relying on Force Majeure Clause?
  • If Death Occurs inside the Privacy of House, the Residents Should Have a Plausible Explanation: SC
  • No Malice towards Kangana Ranaut Submits MCGM in Bombay HC

The Bench upheld the Order of NCDRC, while referring to the Judgments in the case of Pioneer Urban Land and Infrastructure Ltd vs. Govindan Raghvan reported in (2019) 5 SCC 725and Wing Commander Arifur Rahman Khan and Aleya Sultana and Others vs DLF Southern Homes Pvt Ltd and Others.

However the interest has been reduced from 7% to 6%.

Case Details:

Title: DLF Home Developers Ltd. (Earlier Known as DLF Universal Ltd) vs. Capital Greens Flat Buyers Association 

Case No.: CA 3864-3889/2020

Coram: Hon’ble Justice DY Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee

Read Judgment
Tags: flatreraSupreme Courtsupreme Court Judgment

Related Posts

Supreme Court New 5
Court Updates

Supreme Court Slaps Cost of 25K for “Gross Abuse of Law”

January 25, 2021
ncpcr
Court Updates

NCPCR requests Maharashtra Government to file Urgent Appeal against Bombay HC’s “Skin to Skin” Judgement

January 25, 2021
right to marry and religion conversion
Court Updates

Supreme Court Rejects UP Govt Plea to Transfer All Pleas Challenging New Anti Conversion Law

January 25, 2021

POPULAR NEWS

  • advocate sticker fortuner

    Where is the Provision of Using Advocate Sticker on Vehicle?

    5026 shares
    Share 2010 Tweet 1257
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4807 shares
    Share 1922 Tweet 1201
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4645 shares
    Share 1858 Tweet 1161
  • Husband-Wife Take Oath as High Court Judge

    3247 shares
    Share 1299 Tweet 812
  • Is Using Stickers of ‘‘Advocate’’ on Vehicle legally Allowed?

    3185 shares
    Share 1274 Tweet 796
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In