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Supreme Court of India 2024-09-06 disposed

DHARMENDRA SHARMA vs AGRA DEVELOPMENT AUTHORITY…

Bench: 2 — Vikram Nath, Prasanna Bhalachandra Varale

In Brief

Dharmendra Sharma purchased a residential flat from the Agra Development Authority (ADA) in 2011. After depositing approximately Rs. 60 lakhs over years, he sought possession but was denied without completion and firefighting clearance certificates. The Supreme Court affirmed that a developer cannot legally offer possession without these mandatory statutory documents. While confirming the refund with interest from the date of complaint (not deposit, due to the appellant's delay in payment), the Court awarded additional compensation of Rs. 15 lakhs for the ADA's breach of statutory obligations. The Court rejected the ADA's limitation and jurisdictional objections, finding that part payments extended the limitation period and the claim's value included compensation for mental agony, exceeding Rs. 1 crore.

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Consumer Protection Real Estate and Housing Developer Obligations Statutory Compliance Limitation Pecuniary Jurisdiction Refund and Compensation Deficiency in Service RERA Compliance

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