Back
C. HARI SHANKAR
Aarcity Builders Pvt. Ltd. – Appellant
Versus
Subhash Sharma – Respondent
1. The petitioner, which is engaged in the business of development and construction of multistoreyed residential and commercial buildings, launched a project under the name "Aarcity Regency Park" in Sectors 9 and 11, Hisar, Haryana in 2012. Anandita Sharma and Anuradha Sharma, the daughters-in-law of Respondent 1 booked a 3 BHK flat admeasuring 1625 sq. ft. in the aforesaid Aarcity Regency Park project of the petitioner in 2012. They were allotted Flat No. D 0804, Tower D at the 8th Floor of the project construction. The basic costs of the flat was Rs. 48,10,625/-. A Flat Buyer Agreement was executed between the petitioner and the daughters-in-law of Respondent 1 on 5th November 2012.
2. Subsequently, with the permission of the petitioner, the aforesaid flat was transferred by the daughters-in-law of Respondent 1 to Respondent 1 on 22nd March 2013. Respondent 1 opted for payment under the "Construction Linked Plan". The daughters-in-law of Respondent 1 had, prior to doing so, deposited a total amount of Rs. 21 lakhs towards the price chargeable in respect of the aforesaid flat.
3. Alleging that the construction on the project had come to a halt in February 2014,
The liability of the builder to deliver possession within the stipulated period and the discretionary nature of imposing penal interest.
The court emphasized the principle that the High Court should not substitute its own conclusion to the one arrived at by authorities below unless the decision shocks the conscience of the Court.
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
Discretionary orders made by lower courts are to be respected unless manifestly perverse; appellate courts cannot substitute their judgment for interim arrangements established by trial courts.
The power under Article 227 is intended to be used sparingly and only in appropriate cases, for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and no....
The main legal point established in the judgment is the jurisdiction of the State Commission under the Consumer Protection Act and the power of the High Court under Article 227 of the Constitution of....
The court clarified that the definition of a commercial dispute requires exclusive commercial use, limiting the scope of Article 227's supervisory jurisdiction to jurisdictional errors rather than me....
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
The High Court's jurisdiction under Article 227 does not extend to re-evaluating lower court decisions but ensures they act within their authority; unauthorized constructions cannot be permitted to p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
