Dharmendra Sharma Vs. Agra Development Authority, 2024 INSC 667

  1. Home
  2. /
  3. Publications
  4. /
  5. Case Snippets
  6. /
  7. Dharmendra Sharma Vs....

The Supreme Court addressed a dispute over the delayed possession of an apartment. The appellant sought a refund with interest due to the respondent’s failure to provide necessary completion and firefighting clearance certificates.

When the Respondent had pleaded the application to be barred by limitation on the ground that the date on which the possession of the property was granted was beyond 2 years as contemplated under Section24A. However, the Hon’ble Court had held that the ongoing interactions and part payments extended the limitation period, making the complaint timely. The court had considered the last date of payment of consideration to be the date on which the cause of action got ceased under Sections 18 and 19 of the Consumer protection Act.

Further, while deciding the validity of the possession that was in fact claimed to have gotten concluded from the perspective of the Builder, the Hon’ble supreme court had held a valid offer of possession requires completion and firefighting clearance certificates. Further, it was also held that in the absence of such certification, the offer to provide possession and consequential handing over possession would be rendered invalid.

The Court while holding the above principles, considering the relevant facts therein, had ordered a refund with 9% interest from the complaint date and additional compensation of Rs. 15 lakhs, emphasizing the importance of statutory compliance by developers.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

Identification of the father will not precede the privacy rights of Children.

In APARNA AJINKYA FIRODIA v. AJINKYA ARUN FIRODIA (2023 INSC 146), the Supreme Court ruled that a DNA test of a child cannot be ordered merely to establish adultery in matrimonial disputes. The case arose from a husband's application for a DNA test to question the paternity of his wife's Read more »

Punjab State Civil Supplies Corporation Ltd. Vs M/S Sanman Rice Mills & Ors.

In Punjab State Civil Supplies Corporation Ltd. vs M/S Sanman Rice Mills & Ors. [2024 INSC 742], the Supreme Court of India upheld an arbitral award and emphasized limited judicial intervention under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. The dispute concerned outstanding dues between the Read more »

BCCI v. Deccan Chronicle Holdings Ltd. Comm. Arb. Petition 4466/2020 (16th June 2021)

The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that "A writ court may well hold against a public body on a public law principle or by invoking Article 14; But an Arbitrator, constrained as he or she Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.