Justice Vikram Nath Judgment - The Legal Chamber

The Supreme Court upheld the NCDRC's order directing execution of a sale agreement for an alternate flat under MOFA 1963, while modifying financial liabilities. It penalized the builder for violating NCDRC's interim order by alienating the original flat, and balanced equities by capping the buyer's dues at ₹1.4 crore (including taxes/admitted charges) while waiving contested interest/penalties. The judgment enforced consumer rights under MOFA while considering the builder's maintenance costs, and mandated registration within two months of payment. The Court exercised its discretionary powers under Article 142 to resolve the 12-year dispute finally. Facts Of The Case: The case involves a dispute between Jawala Real Estate Pvt Ltd (later amalgamated with Macrotech Developers) and homebuyer...

The Supreme Court ruled that employees absorbed by MPSEB from cooperative societies are entitled to pension under MPSEB rules, but only from their absorption date (15.03.2002), not their prior society service. Invoking Article 142, it mandated uniform treatment for all absorbed employees, upholding functional integration principles from Panchraj Tiwari (2014) while interpreting "qualifying service" under MP Madhya Pradesh Civil Services (Pension) Rules, 1976. The Court rejected retrospective pension claims for pre-absorption periods as society service wasn’t state-regulated. Facts Of The Case: The case concerns employees of electricity distribution cooperative societies in Madhya Pradesh that were merged with the Madhya Pradesh State Electricity Board (MPSEB) in 2002 due to financial cri...

Tag: Justice Vikram Nath Judgment

Supreme Court Rules on Mumbai Flat Dispute: Directs Payment of ₹1.4 Crore for Alternate Flat in Worli Project

Supreme Court Ends Pension Discrimination for Merged Employees: Pension Rights to MPSEB Absorbed Workers