⚖️ Legal Learning | Shri Ganpati Jurists
🏢 Parsvnath Developers Ltd. v. Mohit Khirbat (Supreme Court)
✅ Key Consumer Law Principles (Housing Matters):
• Housing construction is a “Service” under the Consumer Protection Act, 1986. Delay in handing over possession amounts to deficiency in service.
• Consumer Forums can award fair compensation even if the builder agreement contains restrictive or unfair clauses. One-sided contractual terms cannot defeat statutory consumer rights.
• Unilateral and oppressive clauses drafted by developers may amount to unfair trade practice and are not binding on consumers.
• Possession without Occupancy Certificate is illegal — a builder must obtain all statutory approvals before offering possession.
• Compensation includes mental agony & harassment, not just financial loss caused by delay.
• Subsequent purchasers also have consumer rights — entitlement to compensation travels with the property allotment.
✨ Consumer rights cannot be diluted by builder-drafted agreements.
— Shri Ganpati Jurists ⚖️
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