Original-Allottee, Subsequent-Purchaser

Posted on by Rudrajyoti Nath Ray

Ms. Madhabi Venkatraman, Original-Allottee, could not continue to wait indefinitely for delivery of Flat No. 7013 in Nectarine Tower, Parx Laurete at Section 108, Expressway, Noida. She requested transfer in favor of Respondent-Purchaser. She felt compelled to sell. It was then Respondent-Purchaser stepped in. The nature and extent of relief, to which a Subsequent-Purchaser can be entitled to, would be fact dependent. However, it cannot be said, Respondent-Purchaser, who stepped into the shoes of Original-Allottee, cannot expect performance of Appellant-Builder. Such a conclusion would be arbitrary.

– Hon’ble Justice S. Ravindra Bhat, M/s, Laureate Buildwell Pvt. Ltd. v. Charanjeet Singh, [Civil Appeal No. 7042 of 2019].

Noida

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