In a landmark ruling, the Supreme Court has sided with homebuyers, declaring that developers who delay property possession must pay the same interest rate they impose on buyers for late payments. This decision is set to bring much-needed relief to thousands of buyers facing endless project delays.
The Key Ruling
A bench of Justices Dipankar Datta and AG Masih overturned the National Consumer Disputes Redressal Commission’s (NCDRC) earlier decision of awarding just 9% interest on refunds. Instead, the apex court ruled that the builder must refund the principal amount with 18% simple interest per annum, the exact rate it had charged the buyer for delayed payments.
The court emphasized that “equity and fairness demand that the builder face the same consequences as the buyer for default.”
Also read: Delhi High Court Rules: Grandchildren Cannot Claim Grandparents’ Property If Parents Are Alive
Why the Judgment Matters
- Homebuyers’ plight: The buyer had waited over a decade without receiving possession, suffering harassment and financial stress.
- One-sided terms challenged: Builders often charge steep penalties from buyers but escape with nominal liabilities when they default. The SC made it clear this imbalance will not stand.
- No blanket rule, but fairness is key: While the court clarified that interest parity will not be a “rule of thumb” in all cases, it held that the conduct of the builder in this case justified the higher penalty.
Also Read:-Delhi Govt to Draft Water &; Sewer Master Plans for Integrated Urban Infrastructure
Case Background
- In 2006, the buyer booked a plot in the Park Land project in Haryana for ₹36.03 lakh.
- Between 2006 and 2011, he paid nearly ₹28 lakh, yet possession was not granted. Instead, the builder demanded extra payment for an alternative plot.
- By 2015, the buyer had paid ₹43.13 lakh but still did not receive possession. Meanwhile, the builder charged him 18% interest for alleged late payments.
- In 2017, the buyer terminated the agreement and moved to the NCDRC, which in 2023 directed the builder to refund the principal with only 9% interest and ₹25,000 litigation cost.
- Dissatisfied, the buyer escalated the matter to the Supreme Court.
Also Read:-The Importance of 7/12 Utara: A Complete Overview for Property Owners
Supreme Court’s Final Word
The top court found the 9% interest “manifestly inadequate” given the delay and mental agony caused. It ordered the developer to refund the principal with 18% simple interest from the date of payment until refund, within two months.
The judgment marks a strong precedent, holding developers accountable for their defaults and balancing the scales of justice in the real estate sector.
In a landmark ruling, the Supreme Court has sided with homebuyers, declaring that developers who delay property possession must pay the same interest rate they impose on buyers for late payments. This decision is set to bring much-needed relief to thousands of buyers facing endless project delays.
The Key Ruling
A bench of Justices Dipankar Datta and AG Masih overturned the National Consumer Disputes Redressal Commission’s (NCDRC) earlier decision of awarding just 9% interest on refunds. Instead, the apex court ruled that the builder must refund the principal amount with 18% simple interest per annum, the exact rate it had charged the buyer for delayed payments.
The court emphasized that “equity and fairness demand that the builder face the same consequences as the buyer for default.”
Also read: Delhi High Court Rules: Grandchildren Cannot Claim Grandparents’ Property If Parents Are Alive
Why the Judgment Matters
- Homebuyers’ plight: The buyer had waited over a decade without receiving possession, suffering harassment and financial stress.
- One-sided terms challenged: Builders often charge steep penalties from buyers but escape with nominal liabilities when they default. The SC made it clear this imbalance will not stand.
- No blanket rule, but fairness is key: While the court clarified that interest parity will not be a “rule of thumb” in all cases, it held that the conduct of the builder in this case justified the higher penalty.
Also Read:-Delhi Govt to Draft Water &; Sewer Master Plans for Integrated Urban Infrastructure
Case Background
- In 2006, the buyer booked a plot in the Park Land project in Haryana for ₹36.03 lakh.
- Between 2006 and 2011, he paid nearly ₹28 lakh, yet possession was not granted. Instead, the builder demanded extra payment for an alternative plot.
- By 2015, the buyer had paid ₹43.13 lakh but still did not receive possession. Meanwhile, the builder charged him 18% interest for alleged late payments.
- In 2017, the buyer terminated the agreement and moved to the NCDRC, which in 2023 directed the builder to refund the principal with only 9% interest and ₹25,000 litigation cost.
- Dissatisfied, the buyer escalated the matter to the Supreme Court.
Also Read:-The Importance of 7/12 Utara: A Complete Overview for Property Owners
Supreme Court’s Final Word
The top court found the 9% interest “manifestly inadequate” given the delay and mental agony caused. It ordered the developer to refund the principal with 18% simple interest from the date of payment until refund, within two months.
The judgment marks a strong precedent, holding developers accountable for their defaults and balancing the scales of justice in the real estate sector.
