The Tussle Between Homebuyers And Developers: Relief Under The Consumer Protection Act

A. INTRODUCTION

The real-estate sector has boomed in the past few years, however, delays in construction and completion of projects have been the norm, leaving the homebuyer in the lurch. In such scenarios, homebuyers turn to judicial forums seeking either refund of booking amount or delivery of possession of the house, with payment of delayed interest.

Recently, in a case arising under Consumer Protection Act, 1986, i.e., Venkataraman Krishnamurthy & Anr. v. Lodha Crown Buildmart Private Limited¹, the Hon'ble Supreme Court considered the right of homebuyers to terminate the Agreement to Sell and claim refund of booking amount with interest. The Hon'ble Supreme Court further analysed whether the Hon'ble National Consumer Dispute Redressal Commission ("NCDRC") could re-write the terms of contract while adjudicating the dispute.