Supreme Court of India
M/s. Fortune Infrastructure (now Known as M/s. Hicon Infrastructure) & Anr. v. Trevor D’lima & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, we allow the respondents (complainants) to withdraw the a foresaid amount with accrued interest, if any and the same be adjusted to the appellants’ liability as indicated above. 29.In light of the above discussions, we allow the appeals in part to the extent indicated above.
Judgment, page 14
From the headnote
Consumer Protection Act, 1986 : Complaint against developer of housing project – By the purchaser of a flat in the project – Alleging defic iency in service and unfair trade practices for not having delivered the flat – National Consumer Disputes Redressal Commission all owed the complaint and directed the developers to refund the a mount paid by the complainants and also to pay compensation an d cost of litigation – On appeal, held: Contractual damages a re usually awarded to compensate an injured party to a breach of contract for the loss of his bargain – This rule is more qua lified when
Authorities it was built on
Where later benches applied it
Of those, 1 relied on
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