https://www.taxtmi.com/caselaws?id=412809 Fire approval was treated as the operative pre-condition for computing the 42-month possession period under the apartment buyer's agreement, so the timeline ran from the date of fire NOC rather than the earlier plan sanction. The builder's clauses on delay, forfeiture, and limited buyer remedies were described as one-sided and oppressive, making them unenforceable against consumers. Consumer remedies were held to remain available alongside RERA, because the Consumer Protection Act is an additional remedy and RERA does not exclude consumer jurisdiction. In cases of inordinate delay, buyers in uncompleted units were entitled to refund with interest, while buyers in completed phases could seek possession with delay compensation. en-us Mon, 11 Jan 2021 00:00:00 +0530 Sat, 06 Aug 2022 15:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412809 Fire approval was treated as the operative pre-condition for computing the 42-month possession period under the apartment buyer's agreement, so the timeline ran from the date of fire NOC rather than the earlier plan sanction. The builder's clauses on delay, forfeiture, and limited buyer remedies were described as one-sided and oppressive, making them unenforceable against consumers. Consumer remedies were held to remain available alongside RERA, because the Consumer Protection Act is an additional remedy and RERA does not exclude consumer jurisdiction. In cases of inordinate delay, buyers in uncompleted units were entitled to refund with interest, while buyers in completed phases could seek possession with delay compensation. Case-Laws Indian Laws Mon, 11 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412809