M/S. FORTUNE INFRASTRUCTURE (NOW KNOWN AS M/S. HICON INFRASTRUCTURE) & ANR. versus TREVOR D’LIMA & ORS.

Deficiency of service was established as appellants did not deliver the flat or offer valid alternatives; compensation must not exceed actual-loss and should be balanced and reasonable, damages reduced to reflect market value with reference to redevelopment property rates.

Source-derived case information.

Parties: Appellant: M/S. Fortune Infrastructure (now known as M/S. Hicon Infrastructure) & Anr.; Respondent: Trevor D'Lima & Ors.
Jurisdiction: India
Judgment Date: 12 March 2018
Procedural Posture: Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Orders Dated 08.09.2016 and 03.11.2016
Outcome: Appeals partly allowed
Legal Topics: Deficiency in Service, Compensation for Breach of Contract, Refund in Housing Sector, Determination of Damages

Consumer Protection Contract Law Real Estate Deficiency in Service Compensation for Breach of Contract Refund in Housing Sector Determination of Damages

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 10

Parties

M/S. Fortune Infrastructure (now known as M/S. Hicon Infrastructure) & Anr.

Appellant

Trevor D'Lima & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Orders Dated 08.09.2016 and 03.11.2016

Legal Issues

1 Whether there is deficiency of service on the part of the appellants?
2 What is just and reasonable compensation for the respondents (complainants)?

Ratio Decidendi

Court Disposition

Appeals partly allowed

Orders

Appellants to refund Rs. 1,87,00,000/- to the complainants.
Appellants to pay Rs. 2,27,20,000/- as compensation to the complainants.

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