Summary
The Court disposed of the DLF Panchkula housing appeals on agreed terms providing interest at 9 percent for refunds or delayed possession, with different commencement dates for transferees. It corrected Colonel Kohli’s refund figures and directed disbursement within six weeks. Two settled petitions were closed; Gautam Kashyup’s petition remained for separate consideration.
Issues
- What agreed refund and delayed-possession compensation terms should govern the connected purchasers’ cases.
- What corrections, disbursement directions and individual exceptions were necessary.
Held
- For refunds, 9 percent interest ran from each deposit to refund. For a transferee seeking refund, interest on the original allottee’s deposits ran from transfer, and on the transferee’s subsequent deposits from their respective dates. (¶¶ 9, 11)
- For possession cases, compensation at 9 percent began after three years from the agreement. A transferee’s entitlement began from expiry of that period or the transfer date, whichever was later. (¶¶ 9, 13)
- Colonel Kohli’s recognized deposits were corrected to Rs.62,04,014 and the additional payable amount to Rs.26,09,558, over and above the fixed deposit. (¶ 12)
- Fixed deposits with accrued interest were to be released on proper identification and the additional amounts paid within six weeks. Excess deposits in the two specified cases could be recovered from funds lying in deposit. (¶ 15)
- Arun Yadav’s refund was provisionally divided three-fourths to the widow for herself and the two children and one-fourth to his mother, subject to indemnity bonds. Their ultimate entitlements were left for a competent court. (¶ 16)
- No further compensation was payable beyond the agreed arrangement. SLPs 931 and 939 of 2019 were closed as settled; Gautam Kashyup’s SLP 968 of 2019 was directed to be listed separately. (¶¶ 11, 13, 17, 18)
Result
Appeals disposed of on the agreed terms and specified corrections; disbursement and additional payment within six weeks. Two petitions closed as settled; SLP 968/2019 left for separate consideration. No costs.