⚖️ Legal Learning – Shri Ganpati Jurists
Case: Rajnesh Sharma v. M/s Business Park Town Planners Limited
📌 Key Principles:
1️⃣ Parity in Interest Rates – Equity & Fairness
If the builder imposes 18% interest on buyers for delayed payments, the same rate must apply when the builder defaults by delaying possession or refund.
Equity demands equal consequences for both sides.
2️⃣ Consumer Protection Act, 1986 – Section 14
Compensation for Deficiency in Service: Where the builder fails to deliver possession on time, the buyer is entitled to refund with equitable interest.
Compensation may include not only actual loss but also equitable interest to balance unfair terms imposed by builders.
3️⃣ Proof of Loss vs. Equity Considerations
While compensation generally requires proof of actual loss, in refund matters, justice and fairness guide the award of interest.
Consumer fora are empowered to ensure
parity, even without strict proof of every loss.
4️⃣ Contract Law – Unjustified Builder Conduct
Builder altered layout plan and offered alternative plot without statutory compulsion.
Such conduct, coupled with delay in possession, was held unjustified and unfair, further strengthening the buyer’s claim.
📖 Legal Takeaway:
Builders cannot enforce one-sided terms that punish buyers but shield themselves from liability.
Consumer fora will ensure equitable treatment, awarding the same rate of interest on refund that the builder charges on delayed installments.
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