VidhiSangh

Supreme Court of India · 11/02/2019

R V PRASANNAKUMAAR & ORS. versus MANTRI CASTLES PVT. LTD & ANR.

[2019] 5 S.C.R. 821 · 2019 INSC 174

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The developer could not confine compensation for delayed flat possession to the meagre contractual amount or an arbitrary common cut-off date. The additional award of 6% annual interest was upheld. Under the operative directions, interest continued until each buyer was offered possession, with the date to be verified buyer by buyer in execution. Filing a representative consumer complaint did not justify withholding possession.

Issues

  1. Whether the contractual delay clause limited the consumer forum’s power to award just compensation.
  2. Whether interest could be stopped for all buyers on 31 July 2016.

Provisions considered

Held

Result

Buyers’ appeal allowed and developer’s appeals dismissed. Common interest cut-off modified to the respective dates of offers of possession, subject to execution-stage verification; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 821.