Authority: Supreme Court of India
Order Date: 03 August 2026
Case Overview
- Parties: Appellant Amit Talwar (predecessor‑in‑interest) vs. Respondent Emaar India Limited & others.
- Underlying dispute: Consumer Complaint No. 459/2017 before the National Consumer Disputes Redressal Commission (NCDRC) concerning delayed possession of a property.
- Reliefs originally sought: (i) Compensation of Rs 63,30,607.15 for possession delay; (ii) Rs 10,00,000 for mental harassment; (iii) Rs 5,00,000 for litigation costs; and any other relief deemed fit.
- NCDRC partial decree:
1. Emaar to pay compensation for delay from 25‑12‑2012 (date committed in agreement) to 05‑03‑2018 (actual offer of possession) at 9% simple interest per annum, payable within eight weeks of the order; if delayed, interest rises to 12% p.a.
2. Emaar to pay litigation costs of Rs 50,000 to the complainant.
- Subsequent execution proceedings: Respondent‑developer claimed a set‑off of Rs 15,77,630 (allotment price shortfall) with simple interest at 15% p.a. from 30‑06‑2017 to 09‑08‑2024. The NCDRC, via the impugned order, permitted this set‑off.
- Supreme Court reasoning: The operative part of the original NCDRC order, being a decree in favour of the appellant, did not accept any set‑off claim. Consequently, the execution court could not exceed the decree. The impugned order allowing set‑off was beyond the scope of the decree.
Final Outcome
- The appeal is allowed.
- The impugned order dated 04‑04‑2025 is set aside.
- Emaar India Limited is directed to comply with the original NCDRC decree (compensation at 9% interest and Rs 50,000 litigation costs) within one month of this order.
Topics: Consumer Protection, Real Estate