IREO GRACE REALTECH PVT. LTD vs ABHISHEK KHANNA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 12

D. Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
IREO GRACE REALTECH PVT. LTD – Appellant
Versus
ABHISHEK KHANNA – Respondent

Judgement Key Points

How to determine the start date for the 42-month possession period under Clause 13.3 of the Apartment Buyer’s Agreement? What is the primacy between RERA and the Consumer Protection Act in resolving delays in handover and refunds? Whether the terms of the Apartment Buyer’s Agreement are unfair and one-sided, and whether buyers are entitled to terminate and refund due to delays.

How to determine the start date for the 42-month possession period under Clause 13.3 of the Apartment Buyer’s Agreement?

What is the primacy between RERA and the Consumer Protection Act in resolving delays in handover and refunds?

Whether the terms of the Apartment Buyer’s Agreement are unfair and one-sided, and whether buyers are entitled to terminate and refund due to delays.

JUDGMENT

Indu Malhotra, J.

The present batch of Appeals has been filed by the Appellant-Developer, to challenge the judgment passed by the National Consumer Disputes Redressal Commission ("National Commission") directing refund of the amounts deposited by the Apartment Buyers in the project "The Corridors" developed in Sector 67-A, Gurgaon, Haryana, on account of the inordinate delay in completing the construction and obtaining the Occupation Certificate. Aggrieved by the said Judgment, the Appellant-Developer has filed the present batch of Appeals under Section 23 of the Consumer Protection Act, 1986 ("Consumer Protection Act").

Since common issues have arisen for consideration, they are being decided by a common Judgment.

For the sake of brevity, the facts in Civil Appeal No. 5785 of 2019 are being referred to as the lead matter.

2. The Department of Town and Country Planning granted a license to Respondent No.3 - Precision Realtors Pvt. Ltd. and Respondent No.4 - Blue Planet Infra Developers and Madeira Conbuild Pvt. Ltd. for developing a group housing colony on a vast tract of l

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2021 Supreme(SC) 12

D. Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEEIREO GRACE REALTECH PVT. LTD – AppellantVersusABHISHEK KHANNA – Respondent

How to determine the start date for the 42-month possession period under Clause 13.3 of the Apartment Buyer’s Agreement?

What is the primacy between RERA and the Consumer Protection Act in resolving delays in handover and refunds?

Whether the terms of the Apartment Buyer’s Agreement are unfair and one-sided, and whether buyers are entitled to terminate and refund due to delays.

D. Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
IREO GRACE REALTECH PVT. LTD – Appellant
Versus
ABHISHEK KHANNA – Respondent