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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

Sanjay Singh and another booked a villa in a project called 'Cloud-9 Hill Town' in Uttarakhand for Rs. 15,65,000/-. After a dispute over payment of balance consideration and interest, the developer sued for Rs. 8,73,556/-. The Consumer Forum dismissed the developer's claim and the trial court agreed. The High Court condoned a 721-day delay in appeal and reversed interim relief, directing return of the deposited amount and villa possession. The Supreme Court held that since parties had implemented the interim arrangement (balance payment deposited, villa possession delivered), the High Court erred in reversing it. The Court dismissed the appeal on condonation grounds but upheld the practical arrangement as binding between the parties, allowing the appellants to retain possession.

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