In Brief
A property developer failed to deliver possession of an apartment within 42 months as promised. The consumer sought refund of Rs. 2.06 crore with 24% interest; the developer claimed the consumer was entitled only to limited delay compensation of Rs. 7.50 per sq. ft. per month. The Supreme Court upheld the Commission's order directing full refund with 9% interest, holding that the apartment buyer agreement's one-sided delay compensation clause constituted unfair trade practice. The Court clarified that Consumer Protection Act and RERA Act remedies operate concurrently, and consumers may choose refund over possession. Interest must be calculated from individual deposit dates, not merely the final deposit date.
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