VidhiSangh

Supreme Court of India · 27/11/2018

CCI PROJECTS (P) LTD. versus VRAJENDRA JOGJIVANDAS THAKKAR

[2018] 14 S.C.R. 213 · 2018 INSC 1108

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Summary

The Supreme Court upheld maintainability of delayed-possession complaints following intra-family transfers but reduced the compensation to Rs.5 lakh for each flat. Mandatory resubmission for fire-safety permission justified six months’ extension, and reduced sand availability warranted further allowance. The Commission’s deposit-adjustment, disputed-charge refund and litigation-cost directions remained. Payment was required within two months, failing which the complainant would receive 8% interest on the amounts due.

Issues

  1. Whether intra-family transferees could maintain the consumer complaints.
  2. Whether regulatory delay and sand shortage justified reducing delayed-possession compensation.
  3. What compensation and payment directions should replace the Commission’s interest award.

Held

Result

Civil appeals disposed of without costs. Compensation substituted at Rs.5 lakh per case; Commission’s directions 1, 2 and 4 retained. Payment within two months, failing which 8% interest.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 213.