⚖️ LEGAL LEARNING by Shri Ganpati Jurists ⚖️
🏗️ Builder's Liability & Unfair Trade Practices 🏗️
💡 Key Legal Points:
🔸 Unfair Trade Practice:
Builder's failure to disclose ongoing litigation over project land amounts to an unfair trade practice under the Consumer Protection Act, 1986.
🔸 No Excuse via Force Majeure:
Builders cannot hide behind 'force majeure' when they knowingly concealed such impediments from buyers. Courts have rejected such defenses.
🔸 Compensation Rights of Buyers:
Buyers are entitled to simple interest @ 6% p.a. from due date till possession, or refund with 9% p.a. interest if possession is not delivered.
Additionally, compensation for mental agony & litigation costs can also be awarded.
🔸 Supreme Court Stand:
Builders must uphold transparency. Concealment of legal hurdles is strictly prohibited, following the principle set in Kaushik Narsinhbhai Patel Case.
📢 Moral:
Transparency is non-negotiable. Concealment leads to liability, penalties & compensation.
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