VidhiSangh

Supreme Court of India · 06/09/2024

DHARMENDRA SHARMA versus AGRA DEVELOPMENT AUTHORITY

[2024] 9 S.C.R. 97 · 2024 INSC 667

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Summary

In cross-appeals from an NCDRC order directing a development authority to refund a flat buyer's deposit with 9% interest from the date of complaint, the Supreme Court upheld the NCDRC's findings on limitation and pecuniary jurisdiction, held that an offer of possession without a completion certificate and fire clearance was invalid, and, finding lapses on both sides, kept interest running from the complaint date but awarded Rs. 15 lakh additional compensation and return of the stamp papers.

Issues

  1. Whether the consumer complaint was barred by limitation under Section 24A of the Consumer Protection Act, 1986, given the earlier offer of possession, later demands and reminders and the authority's acceptance of part payment.
  2. Whether the NCDRC had pecuniary jurisdiction although the amount deposited was below Rs. 1 crore.
  3. Whether an offer of possession made without a completion certificate and firefighting clearance is a valid offer.
  4. Whether the buyer was entitled to interest on the refund from the dates of deposit rather than from the date of the complaint.

Provisions considered

Held

Result

Buyer's appeals disposed of: in addition to refund of the deposit with 9% interest from the date of complaint as ordered by the NCDRC, the authority to pay Rs. 15 lakh additional compensation within three months and return the non-judicial stamp papers worth Rs. 3,99,100; authority's appeal dismissed; no exemplary costs.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 97.