#Developer Liability

West Bengal State Consumer Commission holds legal heirs of a deceased developer and the landowner jointly liable for a Rs. 17 lakh refund with 9% interest and Rs. 20,000 legal costs for non-delivery of a shop. The ruling clarifies that vicarious liability extends to successors and co-owners under the Consumer Protection Act, setting a precedent for similar housing disputes.

Bombay HC rules that a developer's prolonged delay in a housing society redevelopment project disentitles it to interim relief under Section 9 of the Arbitration Act. The court prioritized the society members' right to safe housing over the developer's contractual claims, setting a precedent for balancing equities in stalled projects.

Bombay High Court rules that a successor developer assuming project obligations via a development agreement is bound by RERA, 2016 to honor allotment commitments to buyers, even without direct contractual privity. The judgment reinforces RERA’s consumer protection mandate, ensuring buyers retain rights against subsequent developers.

Supreme Court holds that landowners under a JDA cannot be held jointly liable for delay in flat possession unless directly involved in construction or breach.

Bombay High Court holds that Section 6 of the Specific Relief Act cannot be invoked by developers to recover possession from flat purchasers over payment disputes.