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Supreme Court of India 2023-08-18 remanded

EXPERION DEVELOPERS PRIVATE LIMITED vs HIMANSHU DEWAN AND SONALI DEWAN AND OTHERS

Bench: 3 — Sanjiv Khanna, Bela M. Trivedi, Ujjal Bhuyan

In Brief

A property developer sold apartments with contractual provisions allowing up to 10% variation in sale area and price. The developer later demanded additional payments for a larger-than-originally-promised sale area. Buyers paid these demands and received property deeds, but years later filed consumer complaints for refunds. The National Commission had previously ruled against the developer in a similar case and applied that decision to reject the buyers' claims. The Supreme Court held that while the earlier case decision binds those original parties, it does not operate as binding precedent for different buyers. The Court remanded the matter for fresh examination on the merits of whether the developer justifiably proved the area increase and whether principles of estoppel prevent late claims by buyers who paid without protest.

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Consumer Protection Real Estate Limitation Res Judicata Precedent Estoppel Real Estate Regulation

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