Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 01 October 2026
Case Overview
- Parties: Appellant Varali Properties Ltd. & Anr. vs. Respondent Monica Ahluwalia & Ors.
- Origin: Appeals arise from NCDRC Consumer Case No. 247 of 2020 (order dated 12‑09‑2023) and Review Application No. 38 of 2024 (order dated 16‑02‑2024).
- Underlying Transaction: Flat Buyer Agreement dated 24‑12‑2013 for a unit in a Gurugram real‑estate project; Tripartite Agreement dated 11‑01‑2014 where respondent No. 3 extended a loan of Rs 1,60,00,000 to the appellants. An additional Rs 51,60,120 was paid by the complainants to the appellants.
- Possession: Contractual possession date (including six‑month grace) was 24‑06‑2017. Possession was neither handed over nor offered on that date. When offered on 31‑12‑2018, the flat was unfit for occupation.
- Complaints: Complainants approached HRERA in April 2019 and invoked NCDRC jurisdiction on 14‑02‑2020.
- NCDRC Findings: Appellants jointly and severally liable to refund the principal amount of Rs 51,60,120 with simple interest at 9% per annum from each payment date until refund, and to pay Rs 10,000 litigation costs. Review petition dismissed on 16‑02‑2024.
- Supreme Court Proceedings: Learned senior counsel for appellants – Mr. Gaurav Agrawal; for complainants – Mr. Senthil Jagadeesan.
Final Outcome
- The Court condoned delay and disposed the civil appeals.
- It directed the appellants to pay an additional sum of Rs 35,00,000 (Thirty‑Five Lakhs) in addition to the Rs 51,60,120 already deposited before NCDRC pursuant to its order dated 27‑09‑2024.
- The combined amount of Rs 86,60,120 shall be treated as full and final settlement of all claims between the parties.
- The additional Rs 35,00,000 must be paid within six weeks from the order date.
- The NCDRC is directed to release the Rs 51,60,120 to the complainants with accrued interest.
- With these directions, the Civil Appeals stand disposed of.
Topics: Real Estate, Consumer Protection