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Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

Supreme Court

Supreme Court Dismisses Developer's Appeal in Consumer Dispute Over Delayed Possession and Refund. The court upheld the National Consumer Disputes Redressal Commission's order for refund with interest, rejecting the developer's argument that possession delivery period should start from Fire NOC date under the Apartment Buyers Agreement, as construction had commenced earlier.

21 Jan 2022

The appeals arose under Section 23 of the Consumer Protection Act, 1986 from the decision of the National Consumer Disputes Redressal Commission on co...

Supreme Court

Supreme Court Allows Land Owner's Appeal in Consumer Case, Holding No Joint Liability for Developer's Default. Collaboration Agreement and Tripartite Agreement Did Not Impose Obligation on Land Owner to Flat Buyers Under Consumer Protection Act, 1986.

7 Dec 2021

The appeals arose from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) allowing a complaint by flat buyers against a ...

Supreme Court

Supreme Court Dismisses Builder's Modification Application in Illegal Construction Case - Upholds Demolition Order for Violations of Building Regulations and Apartment Laws. The Court found the application non-maintainable as it sought to alter core findings on multiple statutory breaches, including minimum distance norms, green area requirements, and lack of flat owner consent under the Uttar Pradesh Apartment Act, 2010.

4 Oct 2021

The Supreme Court dealt with a miscellaneous application filed by Supertech Limited seeking modification of its judgment dated 31 August 2021, which h...

Supreme Court

Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

22 Jul 2021

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

Supreme Court

Supreme Court Allows Builder's Written Statement Filed Beyond 45 Days in Consumer Case Due to COVID-19 Extension of Limitation. The Court held that the suo motu order extending limitation during the pandemic overrides the statutory bar under Section 38 of the Consumer Protection Act, 2019.

17 Dec 2020

This batch of civil appeals arose from an order of the National Consumer Disputes Redressal Commission (National Commission) dated 07.09.2020, which r...

Supreme Court

Supreme Court Allows Joint Consumer Complaint by Flat Buyers Under Section 12(1)(c) of Consumer Protection Act, 1986 — Common Grievance Sufficient Despite Different Dates, Costs, and Sizes. NCDRC's Dismissal Set Aside, Matter Remitted for Fresh Consideration.

24 Aug 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 19 February 2016, which dismissed a consumer compl...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

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