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Supreme Court

Supreme Court Allows Appeal by UP Housing Board, Sets Aside NCDRC Order Directing Allotment of Flat at Rs 2,50,000. Mere Registration Under Housing Scheme Does Not Confer Right to Allotment; Consumer Forum Cannot Compel Public Authority to Enter into Contract at Arbitrary Price.

1 May 2019

The appellant, UP Housing and Development Board, floated a scheme for Economically Weaker Sections in 1982. The respondent deposited Rs 500 in 1982 an...

Supreme Court

Supreme Court Allows Cost Escalation by Development Authority in Consumer Dispute — Clause 7 of Allotment Letter Permitted Price Revision. The Court held that the allotment was not a fixed price contract and the authority acted fairly by granting interest on deposits.

30 Apr 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 November 2017, which had directed the Visakhap...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

25 Apr 2019

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

Supreme Court

Supreme Court Allows DDA Appeal in Lease Transfer Case — Demerger of Public Limited Company Attracts 50% Unearned Increase. Transfer of leasehold plot by original lessee to another public limited company pursuant to a scheme of arrangement and demerger under the Companies Act, 1956, constitutes a transfer under Clause 6(a) of the Lease Deed, making the lessee liable to pay 50% unearned increase.

24 Apr 2019

The Supreme Court allowed the appeal filed by the Delhi Development Authority (DDA) against the judgment of the Delhi High Court, which had quashed th...

Supreme Court

Supreme Court Allows Appeal in Displaced Persons Property Dispute, Directs Payment of Modified Compensation. The Court set aside the Division Bench order and directed sale of property at a reduced amount considering the original price and increased land value.

12 Apr 2019

The appeal arose from a dispute concerning the transfer of property to a displaced person under the Displaced Persons (Compensation & Rehabilitation) ...

Supreme Court

Supreme Court Allows Appeal Against NCDRC Order Dismissing Consumer Complaint for Lack of Consumer Status — Booking of Four Flats Not Conclusive to Deny Consumer Status Without Evidence. The Court held that the NCDRC erred in deciding the maintainability of the complaint on surmise without giving an opportunity to adduce evidence on the purpose of purchase under Section 2(1)(d) of the Consumer Protection Act, 1986.

12 Apr 2019

The appellant, Sanjay Bansal, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) against M/s Vipul Ltd. (fo...

Supreme Court

Supreme Court Dismisses Appeal in Land Allotment Dispute for Primary School — Upholds Allotment to New Institution Over Existing School in Rented Premises. The court held that the State's policy to encourage new educational institutions is a valid ground for allotment, and the allotment to respondent No. 4 was not arbitrary.

9 Apr 2019

The case involves a dispute over the allotment of a plot of land reserved for a primary school in Mumbai. The appellant, Jawed Urdu Primary School, a ...

Supreme Court

Supreme Court Dismisses Trust's Appeal Challenging Cancellation of Plot Allotment — Upholds High Court's Decision Based on Subsequent Developments and Consent Terms. The Court declined to interfere as the plot had been validly allotted to another trust under a settlement approved by the High Court.

9 Apr 2019

The appellant, JVPD Scheme Welfare Trust, a public charitable trust registered under the Bombay Public Trust Act, applied for allotment of a plot in M...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

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