VidhiSangh

Supreme Court of India · 13/04/2023

PARSVNATH DEVELOPERS LTD. versus GAGANDEEP BRAR AND ANOTHER

[2023] 3 S.C.R. 422 · 2023 INSC 370

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Summary

Flat buyers in the Pride Asia project at Chandigarh, developed by Parsvnath under a development agreement with the Chandigarh Housing Board, obtained consumer orders for refund with interest and compensation for delay under clause 9(c) of the tripartite flat buyer agreement. An arbitral award between the developer and the Board, which attained finality, directed that any refund, interest or compensation payable to allottees be borne in the ratio 70:30, and the Supreme Court in an earlier appeal had held that split must be given effect. In execution, the State Commission and National Commission nonetheless fastened the entire liability for clause 9(c) compensation on the developer. The Supreme Court partly allowed the developer's appeals, holding that the compensation must be shared 70:30 between the developer and the Board as determined by the arbitrator and affirmed by this Court.

Issues

  1. Whether compensation payable to allottees under clause 9(c) of the flat buyer agreement is to be borne solely by the developer or shared with the Chandigarh Housing Board in the ratio 70:30 fixed by the arbitral award between them.

Provisions considered

Held

Result

Developer's appeals partly allowed; National Commission's common order dated 05.02.2020 in the appeal executions modified to hold the developer liable for 70% of the compensation under clause 9(c) of the flat buyer agreement and the Chandigarh Housing Board liable for the remaining 30%; the Board's appeals disposed of in those terms.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 422.