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Supreme Court of India 2020-12-14 partly_allowed

DLF Home Developers Ltd. (Earlier Known as DLF Universal Ltd) and Another vs Capital Greens Flat Buyers Association Etc. Etc

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

DLF Home Developers appealed against an NCDRC order awarding compensation to flat buyers for substantial delays in handing over possession of apartments at Capital Greens, Delhi, beyond the contracted 36-month period. The developer claimed force majeure due to building plan approval delays and fatal accident-related stop work orders. The Supreme Court upheld the tribunal's rejection of the force majeure defence, finding such delays are normal in construction and the developer was negligent in safety. It held that genuine owner-occupant flat buyers are entitled to compensation beyond the contractual Rs. 10/sq.ft. rate, reduced to 6% per annum interest (from 7%). The Court set aside the refund of parking and club charges per Wing Commander Arifur Rahman Khan. The appeals were partly allowed with compliance within two months.

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Consumer Protection Real Estate Delay in Delivery Force Majeure Compensation Housing Contracts

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