CCI PROJECTS (P) LTD. versus VRAJENDRA JOGJIVANDAS THAKKAR

CCI PROJECTS (P) LTD. versus VRAJENDRA JOGJIVANDAS THAKKAR

Appellant entitled to extension of 6 months for period lost due to mandatory plan re-submission and fresh NOC, and some benefit for sand shortage, leaving one year and 8 months delay. Instead of interest-based compensation, lumpsum Rs.5 lakhs per case is just. Complaint maintainable as transfer was within family.

Source-derived case information.

Parties
Appellant: CCI Projects (P) Ltd.; Respondent: Vrajendra Jogjivandas Thakkar
Jurisdiction
India
Judgment Date
27 November 2018
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals Against NCDRC Orders
Outcome
Appeals disposed. Directions of Commission modified.
Legal Topics
Delay in Possession, Compensation, Extension of Time Due to Force Majeure, Transfer of Allotment Within Family
Consumer Protection Delay in Possession Compensation Extension of Time Due to Force Majeure Transfer of Allotment Within Family

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Parties

CCI Projects (P) Ltd.

Appellant

Vrajendra Jogjivandas Thakkar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals Against NCDRC Orders

Legal Issues

  1. 1 Whether compensation is payable for delayed possession after extension due to force majeure and whether subsequent transferee can maintain complaint

Ratio Decidendi

Appellant entitled to extension of 6 months for period lost due to mandatory plan re-submission and fresh NOC, and some benefit for sand shortage, leaving one year and 8 months delay. Instead of interest-based compensation, lumpsum Rs.5 lakhs per case is just. Complaint maintainable as transfer was within family.

Court Disposition

Appeals disposed. Directions of Commission modified.

Orders

  • Appellant to pay Rs.5 lakhs lumpsum compensation to respondent in each case within 2 months.
  • Retained Commission’s directions 1, 2, and 4; replaced direction 3 with lumpsum compensation.