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Supreme Court of India 2022-01-25 partly_allowed

B.B. Patel & Ors vs DLF Universal Ltd

Bench: 3 — L. Nageswara Rao, B.R. Gavai, B.V. Nagarathna

In Brief

B.B. Patel and others purchased four apartments from DLF Universal Ltd under an agreement providing for possession within 2.5 to 3 years, along with various extra charges. Construction delayed significantly, and the builder imposed additional charges. The buyers sued for unfair trade practices under the MRTP Act, claiming misrepresentation and seeking compensation. The Supreme Court found no unfair trade practice: the agreement permitted reasonable delays for force majeure events, extra charges were contractually permissible and properly disclosed, and the buyers never exercised their right to terminate. The appeal was disposed with a direction for possession upon payment of Rs. 25 lakhs per apartment as a measure of equitable relief.

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Real Estate Consumer Protection Unfair Trade Practices Monopolies and Restrictive Trade Practices Contract Law Force Majeure Unconscionable Contracts Compensation

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