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Supreme Court of India 2021-09-09 partly_allowed

THE MANAGING DIRECTOR (SHRI GRISH BATRA) M/S.PADMINI INFRASTRUCTURE DEVELOPERS (I) LTD vs THE GENERAL SECRETARY (SHRI AMOL MAHAPATRA) ROYAL GARDEN RESIDENTS WELFARE ASSOCIATION

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

A residential complex developed by Padmini Infrastructure Developers was handed over to a residents' association in 2003 under an agreement to complete various common amenities. When certain facilities remained incomplete after 18 years, the residents' association filed a consumer complaint. The National Commission partly allowed the complaint, directing completion of amenities or payment of estimated costs. Both parties appealed. The Supreme Court upheld the limitation ruling (cause of action continued till 2005), upheld the findings on defective facilities, and modified the relief by substituting specific performance with monetary compensation (Rs 60 lakhs deposited with the court), while directing delivery of the club house. Other reliefs were dismissed as barred by limitation or lacking evidence.

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Consumer Protection Civil Procedure Limitation Contract Law Real Estate Residential Apartments Infrastructure Development Specific Performance

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