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.