#refund of consideration

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.

Buyers are entitled to a full refund of consideration with interest when a builder fails to deliver the occupancy certificate or execute the conveyance deed within a reasonable time, as this constitutes a deficiency in service under the Consumer Protection Act. The ruling establishes a clear precedent that possession without statutory compliance is not valid possession, protecting homebuyers from prolonged legal limbo and financial exploitation.

Bombay High Court clarifies that while charity commissioners may refuse sale sanction for procedural lapses under Section 36 of the Bombay Public Trusts Act, purchasers are entitled to a refund limited to proven payments made, excluding speculative or unproven claims. The ruling balances trust property protection with equitable relief for bona fide purchasers.

Bombay High Court holds that refund of consideration under a sale agreement is time-barred if the suit for specific performance is barred by limitation, affirming strict application of Limitation Act.