The respondent-company purchased a flat for residential use of ...
Real estate dispute: Flat buyer wins against builder for unfair forfeiture.
Case Laws Indian Laws
August 31, 2024
The respondent-company purchased a flat for residential use of its director and family, not for commercial purposes. The appellant-builder wrongfully cancelled the flat allotment and forfeited the deposited amount. The complaint was maintainable as the respondent qualified as a 'consumer' under the Consumer Protection Act. The appellant was guilty of deficiency in service and unfair trade practice. The NCDRC rightly directed refund of the forfeited amount with interest. The Supreme Court upheld the NCDRC order, directing partial refund within two weeks and the balance by 31st December 2024, failing which recovery as arrears of land revenue.
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