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Supreme Court of India 2019-03-25 allowed

Association For Consumer Welfare and Aid vs Granite Gate Properties Private Limited & Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

An association of homebuyers challenged the deletion of a real estate project's parent company (Three C Universal Developers) from a consumer complaint by the National Consumer Disputes Redressal Commission. The parent company had formed a special purpose vehicle to construct the project, marketed it, and exercised control over the development. The Supreme Court held that under the Real Estate (Regulation and Development) Act, 2016, both the constructor and the seller of apartments are joint promoters, jointly liable. Since the parent company's involvement was evident from the complaint's averments and supporting materials, its deletion was premature. The Court restored it as a party and allowed the appeal for final disposal.

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Real Estate Regulation Consumer Protection Promoter Liability Consumer Disputes Redressal Commission Special Purpose Company

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