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Supreme Court of India 2019-03-07 partly_allowed

Sudha Gupta vs DLF Ltd

Bench: 3 — Sanjiv Khanna

In Brief

The Supreme Court partially allowed the appeal by a homebuyer against DLF Ltd. regarding cancellation of a plot allotment in Gurgaon. Although the buyer had defaulted on instalment payments, the Court held that DLF's forfeiture of Rs.1,55,105/- earnest money was unjustified since DLF suffered no loss—they had resold the plot at substantially higher prices. The Court rejected the buyer's demand for specific performance (possession and registration), finding tribunal powers insufficient. However, to remedy unjust enrichment from 25 years of retention, the Court directed DLF to deposit Rs.30 lakhs in Court Registry, payable with 12% interest if delayed, recognizing the buyer's lack of legal guidance and DLF's unfair trade practices.",

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