C.A. No. 003363 / 2020
M/S MARVEL OMEGA BUILDERS PVT. LTD. vs MORZARIA PRODUCTS LLP
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE D.Y. CHANDRACHUD and HON'BLE MS. JUSTICE INDIRA BANERJEE
Order Date
01-10-2020
Filed On
18-03-2020 11:58 AM
casestatus.in Summary
A contractual clause conditioning refund of consideration upon resale of property must be construed reasonably, and a builder cannot indefinitely withhold refund of earnest money relying on such a clause where years have elapsed without refund. This principle, as analysed on casestatus.in, affirms NCDRC's consumer protection jurisdiction to order refund with interest when a developer's own conduct acknowledges the obligation to refund.