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West Bengal State Consumer Commission ruled that the cause of action for flat registration persists until conveyance deed execution, directing opposite parties to complete registration within 45 days. The order clarifies that deficiency in service under the Consumer Protection Act 1986 continues until the deed is registered.
West Bengal State Consumer Commission ruled that an oral agreement for flat sale is legally enforceable, directing a full refund of Rs. 19.75L with 9% interest and Rs. 1.3L compensation for service deficiency under the Consumer Protection Act, 1986.
Bombay High Court reinforces interim protection under Section 9 of the Arbitration Act by restraining further transfers of 152 disputed plots and appointing a symbolic Receiver. The ruling clarifies that registered conveyance deeds override unregistered agreements, ensuring preservation of arbitration subject-matter for developers and investors in real estate disputes.
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.
Gauhati HC rules that a plaintiff cannot seek damages for fraud while simultaneously demanding specific performance of an illegal agreement. The court upheld a refund of Rs. 12,00,000 with 10% annual interest from the payment date but dismissed claims for lost income and mental agony, reinforcing the principle that illegality voids equitable remedies.
The Bombay High Court enforced a 35-year-old verbal property sale contract not merely due to silence, but because the defendant’s conduct - accepting partial payment and failing to rebut a detailed notice - created a preponderance of probabilities that a binding agreement existed. This sets a critical precedent for oral real estate deals where written documentation is absent but conduct strongly implies mutual assent.
The NCDRC has ruled that any third-party allotment or sale of property during the pendency of a consumer complaint is void under the doctrine of lis pendens, regardless of subsequent registration. Decree holders are entitled to possession upon depositing the outstanding balance, reinforcing that consumer rights supersede speculative transfers during litigation.
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.