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december 2018

Supreme Court of India · 2018-12-07

Rameshwar Prasad Shrivastava vs Dwarikadhis Projects Pvt. Ltd.

Citation / case number
AIR 2019 SUPREME COURT 169
Court
Supreme Court of India
Petitioner
Rameshwar Prasad Shrivastava
Respondent
Dwarikadhis Projects Pvt. Ltd.
Author
Uday Umesh Lalit
Bench
R. Subhash Reddy, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court ruled that under Section 23 of the Consumer Protection Act, 1986, the National Consumer Disputes Redressal Commission's dismissal of the consumer complaints regarding delayed possession of apartments in 'Aravali Heights' was not maintainable. The Court emphasized that the builder's failure to deliver possession within the stipulated time and the lack of habitable infrastructure constituted a violation of consumer rights. The Court directed the builder to provide a timeline for completion and to address the financial claims of the buyers, thereby upholding the consumers' rights under the Act.

Rameshwar Prasad Shrivastava vs Dwarikadhis Projects Pvt. Ltd. · Niyam