Case Note & Summary
The appeal arose from a judgment and order dated 11.10.2021 passed by the National Consumer Disputes Redressal Commission in Consumer Case No.1043 of 2018 and other related cases. The National Commission had relied on the Supreme Court's decision in Imperia Structures Ltd. v. Anil Patni & Another, which interpreted Section 18 of the Real Estate (Regulation and Development) Act, 2016. The legal issue centered on whether the National Commission correctly applied this precedent in dismissing the consumer cases. The appellant, a promoter, challenged the dismissal, while the respondents, allottees, likely supported the National Commission's reliance on the precedent. The Supreme Court analyzed the precedent, noting that Section 18 of the RERA Act provides allottees with an unqualified right to either withdraw from the project and claim a refund with interest or claim interest for delay until possession, without prejudice to other remedies. The court reasoned that since the National Commission had followed this binding decision, there was no error warranting interference. Consequently, the Supreme Court dismissed the civil appeals, upholding the National Commission's judgment and order.
Headnote
A) Consumer Law - Real Estate Regulation - Remedies for Delayed Possession - Real Estate (Regulation and Development) Act, 2016, Section 18 - The National Commission relied on the Supreme Court's decision in Imperia Structures Ltd. v. Anil Patni & Another, which interpreted Section 18 of the RERA Act as providing allottees an unqualified right to either withdraw from the project and claim refund with interest or claim interest for delay till possession, without prejudice to other remedies - Held that since the National Commission followed this binding precedent, there was no reason to entertain the appeals, and they were dismissed (Paras 1-2).
Issue of Consideration
Whether the National Consumer Disputes Redressal Commission correctly applied the law in dismissing consumer cases based on the precedent set in Imperia Structures Ltd. v. Anil Patni & Another regarding remedies under Section 18 of the Real Estate (Regulation and Development) Act, 2016
Final Decision
The Civil Appeals are dismissed, upholding the judgment and order of the National Consumer Disputes Redressal Commission dated 11.10.2021, with no costs
Law Points
- Section 18 of the Real Estate (Regulation and Development) Act
- 2016 provides unqualified right to allottees for refund with interest or interest for delay
- as per choice
- without prejudice to other remedies
- and lower tribunal decisions following binding precedent are not interfered with
