LOK 2019 (4) SC 25 · Supreme Court of India
Equivalent citations: 2019 INSC 458 : AIR 2019 SC 1779 : 2019 (2) KHC (SN) 31 : 2019 (2) KLJ 572 : 2019 KLT (Online) 3004 : 2019 (5) Scale 680 : (2019) 5 SCC 725
ActsConsumer Protection Act, 1986 (Section 2(1)(o); Section 2(1)(r); Section 23); Haryana Real Estate (Regulation and Development) Rules, 2017 (Rule 15) The builder was to apply for the occupancy certificate within 39 months of excavation, plus a 6-month grace period, but obtained it only on 23.07.2018, almost three years late. The flat purchaser, who had paid about Rs. 4.48 crore and serviced a bank loan in the meantime, filed a consumer complaint in January 2017 seeking a refund. The National Commission ordered a refund with interest at 10.7% simple per annum under Rule 15 of the Haryana RERA Rules, 2017, excluding the period of an interim stay obtained by the purchaser. The builder relied on Clauses 11.5 and 20 of the Agreement, which required a 90-day termination notice after a further 12-month wait and capped interest at 9% or 6%.