Legal Victory: Supreme Court Decision in Favor of Homebuyers Against Pioneer Urban Land & Infrastructure Ltd.

In a significant legal dispute over possession, the Appellants have faced delays in obtaining possession of a flat from the Respondent-Developer despite making 90% of the payment. The Commission partially allowed the complaint, directing the Respondent to issue a fresh statement of account and hand over possession without delay. The Appellants are required to deposit the remaining amount within a specified timeframe. This case underscores the importance of timely delivery in real estate transactions and the rights of buyers to seek redressal in such matters.

Facts

  • The complaint was partly allowed by the Commission.
  • Opposite parties directed to issue a fresh statement of account with delayed compensation of Rs. 2433120/- within one month of the judgment.
  • Interest to be charged at 9% per annum on the balance amount from 14.11.2017 till the date of payment.
  • Complainants given one month to deposit amount to settle account
  • Opposite parties to execute conveyance deed and handover possession without delay
  • Appellants aggrieved by direction to pay interest on balance amount
  • Appellants made 90% payment for flat but possession not handed over as scheduled
  • Total consideration amount paid by appellants nearly Rs.2,21,56,942.42/-

Also Read: Challenging Conviction Based on Circumstantial Evidence

Decision

  • Pending application, if any, stands disposed of.
  • Respondents directed to convey outstanding amount to appellants within two months.
  • Possession of the flat to be handed over to the appellants within 30 days of final payment.
  • Decision made that respondent-developer cannot charge interest at 9% per annum on the balance amount.
  • Appeal is disposed of based on the above terms.

Also Read: Case of Ms. D: Juvenile Justice Act Violation

Case Title: SANJAY CHAUDHARY Vs. PIONEER URBAN LAND AND INFRASTRUCTURE LTD. (2024 INSC 300)

Case Number: C.A. No.-001454 / 2023

Click here to read/download original judgement

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