HARYANA URBAN DEVELOPMENT AUTHORITY versus SOMA DEVI

HARYANA URBAN DEVELOPMENT AUTHORITY versus SOMA DEVI

A party who has claimed and received refund of allotment money for a plot cannot subsequently claim possession; refund with interest justified on facts.

Parties
Appellant: Haryana Urban Development Authority; Respondent: Soma Devi
Jurisdiction
India
Judgment Date
27 September 2004
Procedural Posture
Civil Appeal / Disposal by Supreme Court
Outcome
Appeal disposed of.
Legal Topics
Allotment of Plot, Refund of Amount, Interest on Refund, Possession Claims, Estoppel
Urban Development Consumer Protection Allotment of Plot Refund of Amount Interest on Refund Possession Claims Estoppel

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Parties

Haryana Urban Development Authority

Appellant

Soma Devi

Respondent

Procedural Posture

Civil Appeal / Disposal by Supreme Court

Legal Issues

  1. 1 Whether a claimant can seek possession of a plot after refund of money with interest has been received
  2. 2 Proper rate of interest on refund in event of non-delivery of possession
  3. 3 Applicability of principles laid down in Ghaziabad Development Authority v. Balbir Singh to interest rate

Ratio Decidendi

A party who has claimed and received refund of allotment money for a plot cannot subsequently claim possession; refund with interest justified on facts.

Court Disposition

Appeal disposed of.

Orders

  • Respondent directed to return possession of the plot to Appellant forthwith; appellants at liberty to take back possession if not surrendered.
  • No order as to costs.