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