Authority: Supreme Court of India

Order Date: 14 July 2026

Case Overview

  • Parties: Betwa Cottage Private Limited (the Builder) represented by authorised representative Mr. Abhimanya Jha, Director Mr. Chandrakant Khemka and employee Mr. Anish Hemani; and the Buyers, Mr. Kamal Chatterjee and Mrs. Kavita Chatterjee.
  • Under a Builder‑Buyer Agreement dated 18‑09‑2015, the Builder agreed to sell Flat/Unit/Apartment No. E (2916 sq ft) with one covered parking space in the project “Akshara Vilas”, Diamond Harbour Road, Kolkata.
  • The Buyers alleged delay in possession and filed Consumer Complaint No. 3640 of 2017 before the National Consumer Dispute Redressal Commission (NCDRC). The NCDRC judgment dated 20‑08‑2024 directed the Builder to deliver possession, execute the registered deed of conveyance and pay delay compensation at 9 % on Rs 1.66 crore from 1 Aug 2017, with default interest of 12 %.
  • The Buyers were also directed to pay the balance consideration of Rs 34,00,000 plus statutory, legal and other charges totalling Rs 15,66,634 (overall Rs 49,66,634).
  • The Builder filed Execution Application EA No. 403 of 2024 in the NCDRC and appealed the NCDRC order before the Supreme Court (Civil Appeal No. 10966/2024 and 10997/2024 under Section 23 of the Consumer Protection Act).
  • During Supreme Court proceedings, the parties were urged to settle. They subsequently executed a Settlement Agreement on 17 January 2026 at Kolkata.

Settlement Agreement Highlights (dated 17‑Jan‑2026)

1. Builder shall pay the Buyers a lump‑sum amount of Rs 15,00,000 (Rs 7,50,000 each to Mr. Kamal Chatterjee and Mrs. Kavita Chatterjee) by demand draft at the time of registration of the sale deed.

2. The Buyers waive the balance consideration of Rs 49,66,634 (including Rs 34,00,000 and Rs 15,66,634 statutory/legal charges) under the original sale agreement.

3. Upon receipt of the settlement amount, Builder will hand over vacant, peaceful possession of the flat on an “as is where is” basis on the date of registration and execute the registered deed of conveyance.

4. Builder will provide a possession letter, monetary receipt for all charges, a copy of the Kolkata Municipal Corporation completion certificate (deemed occupancy certificate), and a no‑dues letter to the Buyers.

5. Buyers will bear the stamp duty for the sale deed and supply the requisite stamp papers one week before execution.

6. Both parties release each other, their directors, officers, employees and agents from any further claim arising from the flat, the project, the original sale agreement, the NCDRC judgment or any related proceedings.

7. Buyers will withdraw the NCDRC Execution Application and any other pending litigations after registration and receipt of the settlement amount.

8. The agreement is time‑bound; all steps must be completed within 30 days (or as directed by the Supreme Court). Failure to comply will automatically revive all proceedings and may attract contempt, additional costs, interest and damages.

9. The Supreme Court retains jurisdiction for implementation and enforcement of the settlement terms. The agreement is confidential and not to be used as a precedent.

Final Outcome

  • The Supreme Court disposed Civil Appeal No. 10966/2024 and Civil Appeal No. 10997/2024 in accordance with the signed settlement agreement.
  • All pending applications, if any, were ordered disposed.
  • The parties are directed to file necessary applications, affidavits and statements to give effect to the settlement as per the Court’s directions.

Topics: Settlement, Consumer Dispute, Real Estate