https://www.taxtmi.com/caselaws?id=426068 One-sided apartment buyer clauses that heavily favour the developer and impose nominal delay compensation may be treated as unfair, and a consumer facing inordinate delay is not bound to accept belated possession instead of refund. Consumer fora may direct refund with interest under the Consumer Protection Act, 1986 even where remedies under the Real Estate (Regulation and Development) Act, 2016 are available, because the two regimes operate concurrently and consumer choice of relief is preserved. Refund interest is restitutionary and ordinarily runs from the respective dates of deposit; the rate fixed by the Commission may be maintained if found fair. en-us Thu, 07 Apr 2022 00:00:00 +0530 Sun, 07 Aug 2022 20:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=426068 One-sided apartment buyer clauses that heavily favour the developer and impose nominal delay compensation may be treated as unfair, and a consumer facing inordinate delay is not bound to accept belated possession instead of refund. Consumer fora may direct refund with interest under the Consumer Protection Act, 1986 even where remedies under the Real Estate (Regulation and Development) Act, 2016 are available, because the two regimes operate concurrently and consumer choice of relief is preserved. Refund interest is restitutionary and ordinarily runs from the respective dates of deposit; the rate fixed by the Commission may be maintained if found fair. Case-Laws Indian Laws Thu, 07 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=426068