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Supreme Court of India 2019-02-21 allowed

Sanjay Singh and Anr vs Central Himalayan Land Development Co. Ltd

Bench: 2 — Uday Umesh Lalit

In Brief

The appellants booked a villa in a residential project for Rs.15,65,000/-, with a sale deed registered in their names in 2004. The developer later demanded the balance amount of Rs.5,13,850/- plus 24% interest. A consumer complaint was filed; the trial court dismissed the developer's recovery suit. The High Court initially directed the appellants to deposit the balance amount, granted them possession of the completed villa, but later reversed this in its final order. The Supreme Court allowed the appeal, holding that since the parties had acted on interim orders and the villa was now in the appellants' possession, the situation should not be reversed. The Court also found the delay in filing the appeal was not validly condoned but upheld the factual consequences already established."

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