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Madras High Court Allows Appeal in RERA Case for Delay in Possession — Promoter Liable for Interest Under Section 18 of RERA Act, 2016. The court restored the order of TN RERA directing the promoter to pay interest for delay in handing over possession of flat and club house facilities.

The appellant, a retired General Manager of Bharat Petroleum Corporation Limited, entered into a Memorandum of Agreement on 30.07.2011 with the respon...

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High Court of Karnataka Dismisses Petition Challenging Levy of Damages Under Section 14B of EPF Act for Delayed Contributions. Financial Difficulty or Sickness of Establishment Not a Valid Ground for Waiver of Damages Under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

The petitioner, Belgaum Co-operative Cotton Spinning Mills Ltd., a sick industrial unit, filed a writ petition under Articles 226 and 227 of the Const...

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Bombay High Court Directs MHADA to Pay Interest on Delayed Gratuity to Retired Employee. Interest of 4% Awarded Despite Pending Departmental Enquiry as Employee Was Deprived of Funds for Over Four Years.

The dispute arose from the withholding of retirement benefits, particularly gratuity, of an Assistant Estate Manager of the Maharashtra Housing and Ar...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Extension of Time Granted Without Protest Bars Claim for Liquidated Damages and Interest on Delayed Payments is Allowed Under Interest Act, 1978.

The petitioner, Union of India, acting through the Chief Electrical Engineer (Construction), Central Railway, awarded a contract to the respondent, M/...

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Bombay High Court Allows Suit for Recovery of Price of Goods Supplied Under Contract with State Government — Interest Awarded at 6% per annum from Date of Suit. Plaintiff proved supply of pesticides and defendant's failure to pay balance price.

The plaintiff, M/s. Devidayal Sales Pvt. Ltd., filed a suit against the State of Maharashtra for recovery of Rs. 2,56,560/- with interest. The plainti...

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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.

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 ...