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april 2019

Supreme Court of India · 2019-04-02

PIONEER URBAN LAND AND INFRASTRUCTURE LTD. vs GOVINDAN RAGHAVAN

Citation / case number
SC 2018/46308
Court
Supreme Court of India
Petitioner
PIONEER URBAN LAND AND INFRASTRUCTURE LTD.
Respondent
GOVINDAN RAGHAVAN
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE THE CHIEF JUSTICE

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 Appellant – 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, rejecting the Builder's claim for possession due to the significant delay. The judgment reinforced the principle that timely delivery of possession is essential in real estate transactions.

PIONEER URBAN LAND AND INFRASTRUCTURE LTD. vs GOVINDAN RAGHAVAN · Niyam