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Supreme Court of India 2023-04-13 partly_allowed

Parsvnath Developers Ltd vs Gagandeep Brar and Another

Bench: 2 — M.R. Shah, A.S. Bopanna

In Brief

A residential real estate developer (Parsvnath) and the Chandigarh Housing Board (CHB) jointly undertook a housing project. When construction was delayed, flat buyers sued for compensation under their purchase agreement. Lower consumer commissions held the developer solely liable. The Supreme Court partly allowed the developer's appeal, ruling that because an arbitrator had already determined both parties were responsible for the delay, compensation must be split 70:30 between the developer and CHB—matching the ratio in which they shared sale proceeds from the flat buyers.

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Consumer Protection Arbitration Real Estate Contractual Liability Apportionment of Damages

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