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Supreme Court of India

Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and Ors. v. Dlf Southern Homes Pvt Ltd. (now Known as Begur Omr Homes Pvt. Ltd.) and Ors.

Neutral citation
Reported as [2020] 9 S.C.R. 136
Bench Dr. Dhananjaya Y Chandrachud and K. M. Joseph JJ.
Decided 24 August 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons we have come to the conclusion that the dismissal of the complaint by the NCDRC was erroneous.

Judgment, page 48

From the headnote

Consumer Protection Act, 1986 – s.2(1)(g) – Deficie ncy of service – Complaint by flat buyers seeking compensation inter alia alleged delay in handing over possession of the flats – Dismissed by NCDRC – On appeal, held: Failure of the develope r to hand over possession within the contractually stipulated perio d amounts to a deficiency of service u/s.2(1)(g) – In the pres ent case, under the Apartment Buyers Agreement (ABA), the developer was obligated to hand over possession of the flats within thirty-six mont hs of the date of the agreement which condition was breached – Existence and

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 3 referred to · 1 not applicable

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