VidhiSangh

Supreme Court of India · 28/09/2021

THE MANAGING DIRECTOR (SHRI GRISH BATRA) M/S. PADMINI INFRASTRUCTURE DEVELOPERS (I) LTD versus THE GENERAL SECRETARY (SHRI AMOL MAHAPATRA) ROYAL GARDEN RESIDENTS WELFARE ASSOCIATION

[2021] 12 S.C.R. 488 · 2021 INSC 562

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Summary

The Court sustained findings of deficient common amenities in a housing complex but substituted Rs.60 lakh already deposited, with accrued interest, for directions to complete the systems years after handover. The builder also had to clear and deliver the clubhouse within two weeks. The amenities claim was timely because the builder’s own evidence showed continuing work within two years of the complaint. Separate claims for maintenance dues and other relief failed for distinct reasons, including limitation, inadequate proof and third-party interests. The association’s appeal was dismissed and the builder’s partly allowed.

Issues

  1. Whether the amenities complaint was within limitation and supported by the commissioner’s findings.
  2. Whether completion directions should be replaced by compensation after the long lapse of time.
  3. Whether the association established its additional claims for maintenance dues, terrace eviction and other relief.

Provisions considered

Held

Result

Association’s appeal dismissed; builder’s appeal partly allowed. Association to receive Rs.60 lakh deposit with accrued interest, and clubhouse possession within two weeks after removal of stored materials. Other claims dismissed; parties bear own costs.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 488.