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Supreme Court of India 2019-03-07 partly_allowed

SUDHA GUPTA vs DLF LTD

Bench: 3 — Ranjan Gogoi, L. Nageswara Rao, Sanjiv Khanna

In Brief

Sudha Gupta purchased a residential plot from DLF Ltd. in 1991 but defaulted on instalments, leading DLF to cancel the allotment and forfeit Rs. 1,55,105 as earnest money from her Rs. 4,89,800 payment. DLF subsequently sold the same plot to others at over Rs. 17 lakhs. The Supreme Court held DLF's forfeiture unjustified and constituting unfair trade practice, as the property sold at substantially higher value proving no loss. While rejecting the appellant's claim for specific performance (possession and registration), the Court ordered DLF to pay Rs. 30 lakhs to the appellant as equitable compensation, depositable with the Court Registry, reflecting 25+ years of wrongful retention.

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