Thursday, April 23, 2026
Latest:
2025April 2025High CourtLatestLegalReal Estate

Delay in giving possession of flat – Delay in filing appeal before NCDRC

legaldeli

The petitioners are builders and developers of the projects in Nashik.   The respondent had invested in the project of multi storeyed building in 2010. Pursuant to the agreement of sale dated 23.7.2010, the period of 24 months was given to complete the project.   However, there was delay.  The respondent filed consumer complaint in 2016.

The State Commission granted refund of Rs.11 lakhs to the complainant with interest vide order dated 27.7.2018.

However, the petitioners filed appeal after 1132 days.  NCDRC dismissed the same vide order dated 19.8.2024.

HELD that one needs to be mindful of the object behind the legislation that an untrained, unwary consumer because of unequal bargaining power ought not to be deprived of his legal rights.   What is relevant to the facts of this case was that the National Commission was circumspect when dealing with the parties like the petitioner who was in a dominating position being developers / builders vis-à-vis the respondent who is a individual home buyer to ensure that the latter in the quest for the shelter over his head was not driven into unwarranted limitation, much less prolonged litigation at the behest of the developer.

Judgment dated 4.4.2025 of the Division Bench of the High Court of Bombay in Writ Petition No.18556 of 2024 (AS) of Samarth Constructions and another   Vs.   Pushpa Chandrakant Mate and others

You May Also Like

Housing Society – Resolution of General Body to levy compulsory charges on members for cultural activities – Legal

legaldeli

Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC

legaldeli

Probationer – Deemed Confirmation – Termination – Stigmatic

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree