Supreme Court of India
Experion Developers Pvt. Ltd v. Sushma Ashok Shiroor
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the Commission is correct in its approach in holding that the clauses of the agreement are one-sided and that the Consumer is not bound to accept the possession of the apartment and can seek refund of the amount deposited by her with interest.
Judgment, page 13
From the headnote
Consumer Protection Act, 1986 – ss. 23, 14 – Failure on part of developer to deliver possession of apartment to the consumer within the time stipulated as per the Apartment Buyers Ag reement – The consumer, against such failure, approached the National Consumer Disputes Redressal Commission – Commission directed the developer to refund purchase amount interest @ 9% p.a . to the Consumer – Aggrieved developer filed instant appeal – Held: The Commission created under the Consumer Protection Ac t has the power to direct refund of the purchase amount along wi th interest under s.14 of the Act and
Authorities it was built on
- 2019 Pioneer Urban Land and Infrastructure Limited & Anr. v. Union of India & Ors.
- 2019 Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
- 2021 Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna & Others
- 2020 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.
- 2019 Dlf Homes Panchkula Pvt. Ltd v. D.S. Dhanda, Etc. Etc.
Where later benches applied it
- 2024 Hongkong and Shanghai Banking Corp. Ltd. v. Awaz & Ors.
- 2024 Dharmendra Sharma v. Agra Development Authority
Of those, 2 referred to
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