Builder Cannot Forfeit Homebuyer's Money Without Proving Actual Loss: Delhi High Court
How secure is your advance payment with a builder if things go wrong? A significant alert for our New Delhi community: The Delhi High Court has ruled that builders cannot forfeit a homebuyer's money without proving actual loss. This means developers can't just take your booking amount if they cancel an allotment without demonstrating a financial impact on their end. This crucial judgment saw Justice Neena Bansal Krishna dismiss an appeal by Eros Group (R. C. Sood & Co. Developers Pvt. Ltd.), upholding a full refund with 6% interest for a buyer whose villa allotment in their Rosewood City/Grand Mansions project was illegally cancelled. The court found no evidence of construction progress, proper demand notices, or that the previous settlement was free from coercion. This ruling offers substantial protection against arbitrary cancellations and money forfeiture for buyers. What do you think this ruling means for property prices and overall buyer confidence in New Delhi?
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