#builder liability

Bombay High Court rules that builders cannot seek vacation of property attachment orders under MahaRERA without first complying with recovery certificates. The judgment reinforces strict enforcement of consumer rights, mandating full payment of dues before any relief is granted to defaulting developers.

The West Bengal State Consumer Commission ruled that a builder’s failure to obtain a Completion Certificate before handing over possession is a clear deficiency in service under the Consumer Protection Act, entitling homebuyers to compensation for mental agony, financial loss, and delayed occupancy. This sets a critical precedent for enforcing statutory compliance in real estate transactions across India.

Delhi State Consumer Disputes Redressal Commission holds builders strictly liable for 'deficiency in service' under Section 2(10) of the Consumer Protection Act for delayed possession and arbitrary charges. The ruling mandates 6% interest on payments and Rs. 1.5 lakh compensation, setting a precedent for homebuyers against unfair builder practices.

Allahabad HC rules that buyers are entitled to a full refund of deposits with 6% interest from the date of payment if builders fail to deliver possession, even due to pending arbitration. The judgment reinforces consumer rights under equitable relief, ensuring financial protection for homebuyers in stalled real estate projects.

Maharashtra State Consumer Disputes Redressal Commission rules that a builder's double allotment of the same property constitutes deficiency in service and unfair trade practice, entitling the buyer to a full refund with interest. The ruling reinforces buyer protections under the Consumer Protection Act 1986, holding builders strictly liable for misrepresentations in real estate transactions.

NCDRC reaffirms that execution proceedings under the Consumer Protection Act are strictly limited to enforcing the exact terms of a final decree. Builders or judgment debtors cannot be compelled to fulfill obligations beyond what was originally ordered, protecting them from post-judgment claims not adjudicated in the main case.

Bombay High Court holds builders liable for structural defects under RERA even after warranty expires, reinforcing consumer protection and statutory obligations.

Bombay High Court holds that builders cannot evade RERA liability for delayed possession through contractual clauses, reinforcing statutory remedies over private agreements.

Chandigarh State Consumer Commission holds that mutually agreed revised possession date in real estate agreement overrides prior terms; interest payable from revised date only.