HUDA AND ANR. versus BABESWAR KANHAR AND ANR.

HUDA AND ANR. versus BABESWAR KANHAR AND ANR.

If performance of an act is prevented by closure of office or postal holiday, law permits performance on the next working day, and the party cannot be penalized; thus, respondent is entitled to refund of earnest money with 9% interest.

Parties
Appellant: HUDA AND ANR.; Respondent: Babeswar Kanhar; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
22 November 2004
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Decision
Outcome
Appeal disposed of; orders of lower forums affirmed with reduced interest rate.
Legal Topics
Allotment of Residential Plot, Forfeiture of Earnest Money, General Clauses Act Applicability, Holiday Extension of Limitation Periods
Urban Development Consumer Protection Allotment of Residential Plot Forfeiture of Earnest Money General Clauses Act Applicability Holiday Extension of Limitation Periods

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Parties

HUDA AND ANR.

Appellant

Babeswar Kanhar

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Decision

Legal Issues

  1. 1 Whether forfeiture of earnest money was justified when non-acceptance was communicated after closure and postal holiday, but within extended period under law
  2. 2 Whether the allottee is entitled to refund of earnest money with interest

Ratio Decidendi

If performance of an act is prevented by closure of office or postal holiday, law permits performance on the next working day, and the party cannot be penalized; thus, respondent is entitled to refund of earnest money with 9% interest.

Court Disposition

Appeal disposed of; orders of lower forums affirmed with reduced interest rate.

Orders

  • Refund earnest money with 9% interest from 03.12.2001, the date HUDA received the letter of non-acceptance