UDAY UMESH LALIT, PAMIDIGHANTAM SRI NARASIMHA, S. RAVINDRA BHAT
Experion Developers Pvt. Ltd. – Appellant
Versus
Sushma Ashok Shiroor – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. These appeals under Section 23 of the Consumer Protection Act, 19861 [hereinafter referred to as the “Act”] arise out of the judgment dated 19.06.2019 passed by the National Consumer Disputes Redressal Commission2 [hereinafter referred to as “Commission”]. The Commission directed the Appellant-Developer to refund an amount of Rs. 2,06,41,379 with interest @ 9% p.a. to the Respondent- Consumer3 [hereinafter referred to as the “Consumer”] for its failure to deliver possession of the apartment within the time stipulated as per the Apartment Buyers Agreement. In these appeals, we have upheld the Commission’s order insofar as it directed the Developer to refund the amounts paid by the Consumer with interest for the unjustifiable delay in delivering the apartment. On law, we have considered the interplay between the judicial remedies under the Act and the Real Estate (Regulation and Development) Act, 2016 and have explained the remedial choices of a consumer under these statutes. We have held that the Commission created under the Act has th
Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghvan
NBCC (India) Ltd. v. Shri Ram Trivedi (2021) 5 SCC 273 – Relied [Para 9.3]
IREO Grace Realtech (P) Ltd. v. Abhishek Khanna & Ors. (2021) 3 SCC 241 – Relied [Para 9.4]
Imperia Structures Ltd v. Anil Patni & Anr. (2020) 10 SCC 783 – Relied [Para 12]
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