Force majeure plea must be backed by evidence

The National Commission relied on past Supreme Court judgments to conclude that failure to hand over timely possession entitled the allottee to a refund along with interest

Patel Realty, a limited company, claimed to be the exclusive owner of a plot in Bengaluru on which it was developing a project called Townsville. On March 15, 2012, Adyaraj applied for a residential apartment. The builder issued an allotment letter on March 24, 2012, for a 3,477 sq. ft. unit with two parking spaces. After Adyaraj paid Rs 5 lakh, a sale agreement was signed on February 26, 2012. The agreement stated that the total cost would be Rs 1,76,33,762, and possession would be granted by December 2013, subject to a grace period extending till June