‘One-sided’ developer agreement overturned

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The Supreme Court, while discussing the delays in the completion of real estate projects in Wg. Cdr. Arifur Rahman Khan and Aleya Sultana v Begur OMR Homes Pvt. Ltd, overturned an order of the National Consumer Disputes Redressal Commission (NCDRC) and held that flat buyers were entitled to “just” and “reasonable” compensation for gross delays by developers in handing over possession of homes.

The complaint before the NCDRC was instituted by 399 flat buyers who had booked residential flats at a project called Westend Heights in Bengaluru, which was to be developed by DLF Southern Homes (now known as Begur OMR Homes). The apartment buyer agreement (ABA) between the flat buyers and the developer indicated that the developer would “endeavour” (subject to timely payments by the flat buyers, and force majeure) to complete construction within a period of 36 months from the date of the agreement’s execution.

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The Dispute Digest has been compiled by Numen Law Offices, a multi-disciplinary law firm with offices in New Delhi and Mumbai. The authors can be contacted at support@numenlaw.com. Readers should not act on the basis of this information without seeking professional legal advice.

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