In Brief
Three homebuyers purchased residential flats in a Gurgaon project from Parsvnath Developers and paid nearly the full price, but the developer failed to deliver possession within the contractual period or obtain statutory occupancy certificates. The homebuyers filed complaints under the Consumer Protection Act seeking possession and compensation. The National Consumer Disputes Redressal Commission awarded compensation at 8% annual interest, litigation costs, and directed the developer to bear increased stamp duty. The Supreme Court upheld these awards, holding that developers cannot rely on restrictive contractual clauses to evade statutory liability for delayed possession, which constitutes deficiency in service. One-sided contractual terms are unfair trade practices and cannot bar consumer remedies under the Act.
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