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    <title>2024 (7) TMI 1351 - DELHI HIGH COURT</title>
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    <description>A writ petition by a homebuyer against a State instrumentality may be entertained despite prior proceedings in other forums where those proceedings arise from desperation rather than calculated forum shopping. The statutory bar under the Real Estate (Regulation and Development) Act, 2016 was not accepted to deny relief on the peculiar facts, and the respondent&#039;s failure to deliver possession for years, coupled with structural defects and an inadequate interim arrangement, was treated as unfair and unreasonable. The petitioner was held entitled to refund of the amounts paid with interest and compensation for mental agony.</description>
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      <link>https://www.taxtmi.com/caselaws?id=756131</link>
      <description>A writ petition by a homebuyer against a State instrumentality may be entertained despite prior proceedings in other forums where those proceedings arise from desperation rather than calculated forum shopping. The statutory bar under the Real Estate (Regulation and Development) Act, 2016 was not accepted to deny relief on the peculiar facts, and the respondent&#039;s failure to deliver possession for years, coupled with structural defects and an inadequate interim arrangement, was treated as unfair and unreasonable. The petitioner was held entitled to refund of the amounts paid with interest and compensation for mental agony.</description>
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