Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Labour Laws
06/09/20264 min read
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Clauses In Builder-Buyer Agreement Cannot Override Consumer Commission's Jurisdiction: NCDRC Holds Emaar India Liable For Deficiency In Service
RERA & Property Act
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, ruled that an arbitration clause in a builder-buyer agreement cannot override the jurisdiction of a Consumer Commission.
In the case of Emaar India Ltd. & Anr. vs. Gaurav Singh Khurana, the complainants sought a refund and interest after the builder failed to deliver a flat within the agreed period. The Commission found a deficiency in service by the builder, dismissed the applicability of RERA, and confirmed the complainants' status as consumers.
It modified the State Commission's order, directing the builder to refund Rs. 37.75 lakhs with 9% simple interest, dismissing additional compensation for mental agony and litigation costs.
