<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2019 (4) TMI 231 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=377787</link>
    <description>Inordinate delay by a builder in obtaining the occupancy certificate and offering possession justified refund to the flat purchaser with appropriate compensation, because a purchaser cannot be compelled to accept possession after a substantial lapse of time, especially where the complaint had effectively continued allotment. Contract terms that gave the builder stronger remedies for buyer default while restricting the allottee&#039;s relief for delayed possession were one-sided, unfair and unenforceable as an unconscionable standard-form arrangement. Interest at 10.7% per annum on the refund was upheld as reasonable, with the stay period excluded from computation. The appeals failed and the consumer forum&#039;s refund order was sustained.</description>
    <language>en-us</language>
    <pubDate>Tue, 02 Apr 2019 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 06 Aug 2022 15:31:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=565456" rel="self" type="application/rss+xml"/>
    <item>
      <title>2019 (4) TMI 231 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=377787</link>
      <description>Inordinate delay by a builder in obtaining the occupancy certificate and offering possession justified refund to the flat purchaser with appropriate compensation, because a purchaser cannot be compelled to accept possession after a substantial lapse of time, especially where the complaint had effectively continued allotment. Contract terms that gave the builder stronger remedies for buyer default while restricting the allottee&#039;s relief for delayed possession were one-sided, unfair and unenforceable as an unconscionable standard-form arrangement. Interest at 10.7% per annum on the refund was upheld as reasonable, with the stay period excluded from computation. The appeals failed and the consumer forum&#039;s refund order was sustained.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 02 Apr 2019 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=377787</guid>
    </item>
  </channel>
</rss>