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DELHI HIGH COURT
C.HARI SHANKAR
Shree Vardhman Infrahome Private Limited – Appellant
Versus
Swadesh Kumar – Respondent
| Table of Content |
|---|
| 1. legal basis for petitions under article 227 (Para 1 , 1) |
| 2. order and settlement agreement details (Para 2 , 3 , 4 , 5) |
| 3. force majeure clause in apartment buyer agreements (Para 6 , 7) |
| 4. notification of force majeure conditions (Para 8 , 9) |
| 5. execution petition filed for breach (Para 10 , 11) |
| 6. arguments concerning force majeure (Para 12 , 13 , 14) |
| 7. court examination of the force majeure claim (Para 15 , 16 , 17 , 18) |
| 8. remand of case for reconsideration due to oversight (Para 19 , 20 , 21) |
| 9. clarification of the scope of remand (Para 22 , 23) |
| 10. final orders and direction for next steps (Para 26 , 27 , 28 , 29 , 30) |
1. These petitions, under Article 227 of the Constitution of India, assail order dated 25th April, 2022 passed by the learned National Consumer Disputes Redressal Commission ("the learned NCDRC") in a batch of execution applications, seeking execution of the order dated 15th January, 2019, passed by the learned NCRDC in Consumer Case 1893/2017 (Flora Welfare Association v. Shree Vardhman Infrahome Pvt. Ltd.).
Order dated 15th January, 2019 and the Settlement Agreement
2. The order dated 15th January, 2019 reads thus:
"The matter h
The court remanded the case to reconsider the plea of force majeure, recognizing the developer's claim of Covid-19 related delays in complying with a settlement agreement timeline.
Force majeure includes delays due to external restrictions, such as the COVID-19 pandemic and government bans, impacting contract compliance and obligations.
The JD Developer cannot evade responsibility for noncompliance due to force majeure claims when clear obligations exist under the settlement agreement.
1. EP Proceedings - The Execution Proceedings being separate proceedings and be filed under the Act which has been prevalent at the time of filing of the Execution Proceedings.2. Non Compliance of Or....
Builder is bound to complete construction and hand over possession of flat to buyer within stipulated time. Burden would lie on developer to explain steps taken to comply with contractual stipulation....
Written statement – Even when defendant’s/opposite party’s right to file a written statement is forfeited that by itself will not make it obligatory on part of NCDRC to pass an order in favour of a c....
A consumer complaint abates upon the death of a complainant if legal heirs are not substituted within the stipulated time; sufficient cause must be shown for condoning delays in such substitution app....
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