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1 - 2 of 2 (0.38 seconds)Dlf Home Developers Ltd. (Earlier Known ... vs Capital Greens Flat Buyers Association on 14 December, 2020
Insofar as the contention of the respondent-
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Developer that since there was a delay in sanctioning the
layout plans, it was covered under force majeure clause is
concerned, this Court, in the case of DLF Home Developers
Limited (earlier known as DLF Universal Limited) and
Another v. Capital Greens Flat Buyers Association and
Others1 has held to the contrary. Therefore, the contention
in that regard is without substance. We find that the learned
Commission has rightly directed the respondent-Developer to
refund the entire amount deposited by the complainants-
appellants. However, we find that, insofar as award of
interest at the rate of 9% per annum is concerned, the
learned Commission was not justified in the facts of the case
to award a lesser interest than even the one agreed upon in
the Agreement. Undisputedly, the facts of the case show that
the project was delayed inordinately. The complainants-
appellants were made to suffer for long, for no fault of them.
In spite of making the entire payment, they were deprived of
the possession within the stipulated time.
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(2021) 5 SCC 537
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