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Supreme Court of India 2018-03-12 partly_allowed

Fortune infrastructure (Now Known as M/s. Hicon Infrastructure) & Anr vs Trevor D'Lima & Ors

Bench: 2 — N.V. Ramana

In Brief

A real estate developer (Fortune Infrastructure) booked a flat to purchasers (Respondents) for Rs. 1.87 crore but transferred the project to a third party without valid justification, refusing to deliver. The National Consumer Disputes Redressal Commission awarded Rs. 1.87 crore refund plus Rs. 3.65 crore compensation. The Supreme Court upheld the refund and confirmed deficiency of service but reduced compensation to Rs. 2.27 crore for the flat and Rs. 20 lakh for parking, finding the NCDRC's estimate exceeded actual market loss. The Court held developers must show bona fide efforts to perform; when refusing without valid reason, buyers deserve compensation for lost property appreciation based on verified market rates."

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Consumer Protection Real Estate Breach of Contract Deficiency of Service Compensation Damages

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