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Supreme Court of India 2022-01-21 dismissed

IREO Private Limited vs Aloke Anand and Others

Bench: 2 — D.Y. Chandrachud

In Brief

IREO Private Limited (appellant) developed a housing project advertised with state-of-the-art amenities and agreed to deliver an apartment to Aloke Anand within the contractual period. Due to delayed delivery and non-provision of promised amenities, the buyer filed a consumer complaint seeking either possession or refund with interest. The National Consumer Disputes Redressal Commission ordered refund of Rs 2,23,91,480 with 10.25% interest per annum under RERA. The Supreme Court upheld the refund order, holding that even accepting the developer's date for completion (24 September 2017), the developer could not deliver possession despite an interim order, as evidenced by its September 2018 email citing inadequate workforce. The breach of representations regarding amenities was actionable. The appeals were dismissed.

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Consumer Protection Real Estate Housing Project Possession and Delivery Refund and Interest Breach of Representation

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