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Supreme Court of India 2025-03-03 allowed

Pushpa Jagannath Shetty & Ors vs M/s. Sahaj Ankur Realtors & Ors

Bench: 2 — Sanjay Karol, Manmohan

In Brief

This appeal concerns a housing redevelopment dispute under the Consumer Protection Act, 1986. Developers promised alternative flats to tenants whose building was demolished, but failed to deliver within the contractual period. The parties engaged in years of negotiations and placed the flats in escrow. When the complaint was filed in 2019, the National Consumer Disputes Redressal Commission dismissed it as time-barred (beyond two years from the breach date of July 2015). The Supreme Court allowed the appeal, holding that the cause of action was continuing rather than fixed, and limitation cannot defeat substantive rights when parties have pursued earnest efforts at settlement. The complaint seeks registration and title security, not the original flats, distinguishing it from the initial breach. The matter was remitted for decision on merits.

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Consumer Protection Law Real Estate Limitation Redevelopment Housing Disputes Contract Performance Equitable Remedies

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