Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2022

Supreme Court of India · 2022-03-28

M/S IMPERIA STRUCTURE LTD. vs BRIG. HARIT PANT

Citation / case number
SC 2021/31039
Court
Supreme Court of India
Petitioner
M/S IMPERIA STRUCTURE LTD.
Respondent
BRIG. HARIT PANT
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE S. RAVINDRA BHAT, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Judgment text excerpt

The Supreme Court addressed the appeal concerning the liability of a promoter under the Real Estate (Regulation and Development) Act, 2016 (RERA) for failing to deliver possession of an apartment. The court reiterated that under Section 18 of RERA, an allottee has the right to withdraw from the project and demand a full refund with interest if possession is not delivered on time. The judgment clarified the options available to the allottee, emphasizing the unqualified nature of the right to withdraw and the remedies available under the Act.

M/S IMPERIA STRUCTURE LTD. vs BRIG. HARIT PANT · Niyam