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Supreme Court of India 2019-07-30 dismissed

Marvel Omega Builders Pvt. Ltd. and Anr vs Shrihari Gokhale and Anr

Bench: 2 — Uday Umesh Lalit

In Brief

The appellants, a builder company, agreed to deliver a residential villa by 31 December 2014 after the respondents paid Rs. 8.14 crores. Five years later, possession remained undelivered. The National Consumer Disputes Redressal Commission ordered refund of the principal amount with 10% simple interest per annum. The Supreme Court dismissed the builder's appeals, holding that the five-year delay was a crucial factor justifying the refund. Even assuming the villa was now ready, the bargain could not be imposed on the respondents. The property was placed under attachment until the decree was satisfied.

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Consumer Protection Real Estate Contract Law Builder Obligations Refund Claims

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