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Supreme Court of India 2024-07-22 partly_allowed

Kaushik Narsinhbhai Patel & Ors vs M/s. S.J.R. Prime Corporation Private Limited & Ors

Bench: 2 — C.T. Ravikumar, Sanjay Kumar

In Brief

Forty-six apartment buyers filed a consumer complaint against the developer SJR Prime Corporation for delays in possession and deficiency in construction. The National Consumer Disputes Redressal Commission partially allowed their claim and awarded compensation at 6% interest from the due date of possession. This appeal raised two key issues: first, whether the developer, who forfeited its right to file a written statement, could introduce pleadings indirectly through submissions; and second, how the due date of possession should be calculated. The Supreme Court held that a party with a forfeited right to file a written statement cannot introduce its case through other means. It also modified the due date calculation to follow the contractual promise date (March 2014) plus grace period, rather than a payment-schedule formula, affirming 6% interest compensation from September 2014 until possession offer.">

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Consumer Protection Real Estate/Construction Delay in Possession Compensation Pleadings and Written Statement Civil Procedure

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