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july 2019

Supreme Court of India · 2019-07-23

Bikram Chatterji vs Union Of India

Citation / case number
AIRONLINE 2019 SC 2195
Court
Supreme Court of India
Petitioner
Bikram Chatterji
Respondent
Union Of India
Author
Arun Mishra
Bench
Uday Umesh Lalit, Arun Mishra

Judgment text excerpt

The Supreme Court addressed the grievances of home buyers against the Amrapali Group for failing to deliver flats as per the agreements signed between 2010-2014. The Court highlighted breaches of the Standard Form of Allotment-cum-Flat Buyers Agreement, particularly regarding timely possession and the inadequate compensation for delays as stipulated in Clause 19. The Court emphasized the rights of consumers under the Consumer Protection Act, 1986, and noted the implications of the Insolvency and Bankruptcy Code, 2016, and the SARFAESI Act on the builders' obligations. The Court directed the builders to fulfill their commitments to the home buyers and ensure timely delivery of the properties.

Bikram Chatterji vs Union Of India · Niyam