Rajnesh Sharma v. Business Park Town Planners Ltd 2025 INSC 1149- Consumer Protection Act - Builder - Buyer Disputes
Consumer Protection Act - Builder - Buyer Disputes - There is no principle of law that interest in default charged by the builder can never be granted to the buyer - the amount of interest should be reasonable. What is reasonable varies from case to case. The same is to be granted considering the facts and circumstances of each case- The objective of granting compensation cannot be altered such that it amounts to a windfall gain to the other party. Proof of actual loss would require evidence to be tendered, for, it is a guiding lamp for grant of compensation [In this case, SC held: Although, the rate of interest charged by the builder cannot be granted to the buyer as a rule of thumb, however, in the present case, equity and fairness demands that the respondent be put to the same rigours for charging 18% interest and face consequences similar to those imposed on the appellant for default committed by him] (Para 11-20)
Case Info
Case Name and Neutral Citation
- Case Name: Rajnesh Sharma v. M/s. Business Park Town Planners Ltd.
- Neutral Citation: 2025 INSC 1149
Coram
- Dipankar Datta, J.
- Augustine George Masih, J.
Judgment Date
- 24 September 2025
Caselaws and Citations Referred
- Ghaziabad Development Authority v. Balbir SinghCitation: 2004 5 SCC 65, para 8
- Fortune Infrastructure v. Trevor D’LimaCitation: 2018 5 SCC 442, paras 19 and 25
- IREO Grace Realtech (P) Ltd. v. Abhishek KhannaCitation: (2021) 3 SCC 241
- IREO Grace Realtech (P) Ltd. v. Subodh PawarCitation: 2019 SCC OnLine SC 1937
- IREO Grace Realtech (P) Ltd. v. Surendra AroraCitation: 2019 SCC OnLine SC 1943
- Vidya v. Parsvnath Developers Ltd.Citation: (2024) 9 SCC 651
- Vidya v. Parsvnath Developers Ltd.Citation: 2022 SCC OnLine NCDRC 522
- Kolkata West International City Pvt. Ltd. v. Devasis RudraCitation: (2020) 18 SCC 613
- Kolkata West International City (P) Ltd. v. Devasis RudraCitation: 2016 SCC OnLine NCDRC 2411
- Pioneer Urban Land and Infrastructure Ltd. v. Govindan RaghavanCitation: (2019) 5 SCC 725
Statutes/Laws Referred
- Consumer Protection Act, 1986
- Section 14 (Finding of the District Forum)
Yash Mittal