Remedy available to home buyers in Consumer Protection & RERA Act in case of delayed possession

Experion Developers Pvt. Ltd. Vs Sushma Ashok Shiroor (Supreme Court of India)

Conclusion: Where there was delay in handing over possession to homebuyers, there was remedy available to the Consumer under Consumer Protection Act and Real Estate Regular Act which run parallel side by side. Moreover, one sided clauses in Agreement amounted to unfair trade practice and could not govern the refund mechanism therefore, refund was allowable to assessee with 9% interest from the date of deposit allowed.

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