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april 2019

Supreme Court of India · 2019-04-02

Pioneer Urban Land And Infrastructure ... vs Govindan Raghavan

Citation / case number
AIR 2019 SUPREME COURT 1779
Court
Supreme Court of India
Petitioner
Pioneer Urban Land And Infrastructure ...
Respondent
Govindan Raghavan
Author
Indu Malhotra
Bench
Indu Malhotra, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court upheld the National Consumer Disputes Redressal Commission's decision under Section 23 of the Consumer Protection Act, 1986, affirming that the Builder's failure to obtain the Occupancy Certificate within the stipulated time constituted deficiency of service. The Court ruled that the Respondent – Flat Purchaser was entitled to a full refund of Rs. 4,48,43,026/- along with interest at 18% per annum due to the inordinate delay in possession, rejecting the Builder's claim to compel possession after the delay. The judgment emphasized the importance of timely compliance with contractual obligations in real estate transactions.

Pioneer Urban Land And Infrastructure ... vs Govindan Raghavan · Niyam