LexJAWALA REAL ESTATE PVT LTD & ANR. versus HARESH
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[2025] 6 S.C.R. 193 : 2025 INSC 669 Jawala Real Estate Pvt Ltd & Anr. v. Haresh (Miscellaneous Application No. 2426 of 2018 In Civil Appeal No. 3294 of 2018) 13 May 2025 [Vikram Nath* and Prasanna B. Varale, JJ.] Issue for Consideration The question arose as regards the determination of the amount due and payable by the respondent-buyer to the appellant-developer for the allotment of flat. Headnotes† Allotment – Allotment of flat – Determination of the amount due and payable – Allotment of flat by the appellant-developer to the respondent-buyer – Non-payment of the balance amount – Cancellation of the allotment by the developer – Thereagainst, complaint by the buyer – Despite order of the National Commission, the appellant created third-party rights with respect to the said apartment, and alienated the said apartment – National Commission set aside the cancellation order of allotment – Appellant then applied for modification of the order passed by the National Commission to the extent that an identical apartment may be substituted in place of apartment allotted to the respondent – Rejection of the application for modification since the appellant was in contempt – In appeal, this Court held that the application for modification ought to have been allowed by the National Commission as no contempt petition had been filed; and that whatever amount was payable for the original apartment, the same would be payable for the alternate apartment offered – However, the said order not implemented – Appellant then filed Miscellaneous Application for directions to the respondent to comply with the order passed by this Court or, in the alternative, to allow the appellant to refund the entire amount * Author 194 [2025] 6 S.C.R. Supreme Court Reports paid by the respondent towards the booking of the original apartment along with interest: Held: Appellant has not provided the relevant documents asked by the respondent relating to the building map, carpet area, relevant NOCs right from the beginning – Appellant, being well aware of the stay order passed by the National Commission, proceeded to alienate the original allotted apartment in gross violation of the same – This alienation created further complication in the proceedings and also caused considerable delay in the matter – Even after the orders passed by this Court, the appellant did not come forward with the specific carpet area of the original allotted apartment and the alternate offered apartment – Respondent could not enjoy the possession of the apartment but the fact also remains that the balance consideration remained with the respondent – During this period, the appellant has been maintaining the said apartment and paying the essential charges to respective bodies/ associations – As such, there needs to be some adjustment of equities between the parties – In order to do complete justice between the parties, the respondent directed to pay the total amount of Rs. 1,40,71,000/- to the appellant within the stipulated period – Said amount is in lieu of clearance of all the outstanding dues of interest/taxes and other charges upon the respondent up to the date on which possession was handed over to the respondent. [Paras 12-14] List of Acts Maharashtra Ownership of Flats Act, 1963. List of Keywords Allotment of flat; Non-payment of the balance amount; Cancellation of the allotment; Third-party rights; Application for modification; Contempt; Alternate apartment; Alienate the original allotted apartment; Adjustment of equities; Clearance of all the outstanding dues. Case Arising From CIVIL APPELLATE JURISDICTION: Miscellaneous Application No. 2426 of 2018 In Civil Appeal No. 3294 of 2018 From the Judgment and Order dated 20.03.2018 of the Supreme Court of India in DY No. 655 of 2017 [2025] 6 S.C.R. 195 Jawala Real Estate Pvt Ltd & Anr. v. Haresh Appearances for Parties Advs. for the Appellant: Siddhartha Dave, Sr. Adv., Vinayak Bhandari, Arnav Narain, Ms. Alekhya Shastry, Ms. Teesta Mishra, Ms. Juhi Bahirwani. Advs. for the Respondent: Ms. V. Mohana, Sr. Adv., Amol Nirmalkumar Suryawanshi, Ms. Bhavya Pandey, Ms. S. Soorya Gayathry. Judgment / Order of the Supreme Court Order Vikram Nath, J. 1. The appellant– Jawala Real Estate Pvt. Ltd., subsequently amalgamated with Macrotech Developers Ltd., had allotted a three-bed room apartment to the respondent-Haresh sometime in the year 2013. The apartment number allotted to
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