In Brief
A developer agreed to deliver a row house to a buyer by December 2008 (with a six-month grace period) for Rs 39,29,280. The completion certificate was only obtained in March 2016—nearly seven years after the deadline. When the buyer sought refund through a consumer complaint, the developer argued the buyer was estopped from seeking refund because possession was the primary relief claimed. The Supreme Court held that a buyer cannot be forced to wait indefinitely for possession; seven years is unreasonable. The buyer was entitled to refund with interest. The Court reduced the interest from 12% to 9% per annum, noting the agreement heavily favored the developer (18% interest for buyer default but only savings bank rate for developer delays). The appeal was allowed and directions for refund were affirmed."
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