In Brief
Experion Developers, a real estate promoter, failed to deliver an apartment to a consumer within the contractual 42-month period plus grace period. The consumer sought refund of Rs. 2,06,41,379 paid towards purchase. The developer relied on a delay compensation clause limiting recovery to Rs. 7.50 per sq. ft. monthly. The Supreme Court upheld the Commission's refund order, holding that such one-sided contractual terms constitute unfair trade practices. The Court clarified that Consumer Protection Act and RERA Act are concurrent remedies, and consumers can choose refunds despite contractual delay clauses. Interest must be paid from individual deposit dates at 9% p.a., not from a single date. Developer's appeal dismissed.
The lawyer headnote and full judgment text are available to registered users.