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2020 Supreme(SC) 818

D.Y.CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
DLF Home Developers Ltd. (Earlier Known as DLF Universal Ltd) – Appellant
Versus
Capital Greens Flat Buyers Association Etc. Etc. – Respondent


ORDER :

1. These appeals arise from a judgment of the National Consumer Disputes Redressal Commission dated 3 January 2020 in a batch of consumer complaints. The complaints were instituted inter alia by an association representing flat purchasers, called the Capital Greens Flat Buyers Association and by individual flat purchasers against the appellant. The gist of the grievance was that there was a substantial delay on the part of the developer in handing over possession of the apartments which were contracted to be sold. The complainants also specifically challenged the recovery of parking and club charges by the developer. A claim for compensation for delay in handing over possession of the flats was made.

2. The appellants in their defence to the complaints inter alia contended that as a result of force majeure conditions, they were prevented from achieving timely completion of their contractual obligations. The circumstances which according to the appellants triggered the force majeure clause of the agreements with flat buyers were: (i) delay in the approval of building plans; and (ii) issuance of stop work orders as a result of fatal accidents during the

course of construction. T

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