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Supreme Court of India 2021-09-28 partly_allowed

Managing Director (Shri Grish Batra) M/s. Padmini Infrastructure Developers (I) Ltd vs General Secretary (Shri Amol Mahapatra) Royal Garden Residents Welfare Association

Bench: 2 — V. Ramasubramanian

In Brief

A Residents Welfare Association sought completion of promised amenities (water softening plant, fire-fighting system, second health club, second swimming pool, club house) in a residential complex built by Padmini Infrastructure Developers, and other reliefs. The builder resisted on limitation and merits grounds. The Supreme Court upheld that the complaint was timely filed, as contractual performance timelines extended beyond the agreement date. However, instead of mandating completion after 18 years, the Court awarded Rs. 60 lakhs monetary compensation already deposited, plus interest, and directed return of the club house. Other claims (maintenance charges on unsold flats, damages for harassment, restrictions on future sales, third-party eviction) were rightfully rejected as time-barred, lacking evidence, interim, or outside the consumer forum's jurisdiction."

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