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Supreme Court of India 2018-11-27 partly_allowed

CCI Projects (P) Ltd vs Vrajendra Jogjivandas Thakkar

Bench: 2 — Uday Umesh Lalit

In Brief

CCI Projects constructed residential flats in a Mumbai project under agreements dated 30.10.2012. Two flat owners transferred their allotments within their family; the respondents ultimately received the flats as gifted allottees. Possession was promised by August 2014 but was only delivered on 04.08.2017 (over three years late). The National Consumer Disputes Redressal Commission awarded interest-based compensation. The Supreme Court held that subsequent family transferees' complaints remain maintainable; the builder was entitled to a six-month extension for mandatory Fire Department NOC requirements and some relief for sand scarcity, but not for the full delay. The Court substituted the compensation with a lumpsum of Rs. 5 lakhs per flat, partly allowing the builder's appeal.

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Consumer Protection Real Estate & Construction Delay in Possession Compensation Family Transfers Building Permissions

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