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Supreme Court of India 2017-10-12 allowed

Kusum Agarwal & Anr vs Harsha Associates Pvt. Ltd

Bench: 3 — Deepak Gupta

In Brief

Kusum Agarwal and her spouse booked a commercial shop in a Delhi complex for Rs.4,80,000/-. When asked to pay the balance in December 2004, the developer assured the shop was ready but withheld possession. The appellants later discovered the shop had already been sold to another buyer weeks earlier. The National Consumer Commission dismissed their claim, ruling they were not consumers. The Supreme Court allowed the appeal, holding that commercial real estate transactions fall under consumer protection and that the developer's conduct was fraudulent. The Court ordered a full refund of Rs.2,05,000/- paid, plus damages of Rs.50,000/-, with 18% interest from the date of non-delivery.

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Consumer Protection Act Real Estate/Property Law Commercial Disputes Deficiency in Service Constitutional Law

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