Supreme Court - Daily Orders
Pawan Gupta vs Experion Developers Pvt. Ltd. on 14 October, 2020
Bench: D.Y. Chandrachud, Indira Banerjee
1
ITEM NO.19 Court 6 (Video Conferencing) SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).3312/2020
PAWAN GUPTA Appellant(s)
VERSUS
EXPERION DEVELOPERS PVT. LTD. Respondent(s)
(WITH I.R., IA No. 99019/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
WITH
C.A. No. 3315/2020 (XVII-A)
(WITH IA No. 99020/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 14-10-2020 This appeal was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE INDIRA BANERJEE
For Appellant(s) Mr. Chandrachur Bhattacharya, Adv.
Mr. Sahil Tagotra, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1 Mr Chandrachur Bhattacharya, learned counsel appearing on behalf of the appellant, urges three submissions in support of the appeals:
(i) In denying the appellant interest on delayed possession, the National Consumer Disputes Redressal Commission has relied on the judgment of Signature Not Verified Digitally signed by ARJUN BISHT Date: 2020.10.14 this Court in DLF Homes Panchkula Pvt Ltd v D S Dhanda1. However, 18:20:25 IST Reason: as a matter of fact, interest was granted to the flat purchasers in that 1 Civil Appeal Nos 4910-4941 of 2019 2 case. Moreover, the decision in D S Dhanda has been construed by this Court by a subsequent decision of this Court in Wg Cdr Arifur Rahman Khan v DLF Southern Homes Pvt Ltd2;
(ii) Even as of date, neither has a registration of conveyance been made nor is possession offered to the appellants. In this context, it has been submitted that even the draft conveyance deed was shared with the appellants for the first time on 26 August 2019, over three years after the expected date of possession;
(iii) On the issue of excess area, where the finding is in favour of the appellants, the appellants would, as a matter of fact, be entitled to refund. 2 Issue notice, returnable in four weeks.
3 Dasti, in addition, is permitted.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER
2 Civil Appeal 6239 of 2019