Supreme Court of India Order Date: November 04, 2022

Supertech Builders vs RERA Appellate Tribunal

Citation: Civil Appeal No. 1120 of 2022

Judicial Precedent & Core Ruling

What The Court Ruled:

Under RERA 2016, developers are strictly liable to refund the amount with interest or hand over possession, and cannot bypass the statutory timeline using generic force majeure clauses.

Facts of the Case / Dispatch:

Homebuyers in Noida complained of delayed flat possession; the builder claimed pandemic-related force majeure as a defense.

Legal Domains: # Property Law # Specific Relief # Mutation

Complete Case Order / Dispatch View Verified Source

Homebuyers filed complaints regarding delayed possession of flats in Noida. The builder argued force majeure due to the pandemic. The Court held that under the Real Estate (Regulation and Development) Act (RERA) 2016, developers are strictly liable to refund the amount with interest or hand over possession. The strict timeline under RERA cannot be bypassed using generic force majeure clauses in builder-buyer agreements.

Legal Notice: This summary and text are reproduced for public awareness and legal research. Litigants referencing this precedent should verify with official certified copies before presenting in court proceedings.

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