Second appeal admitted on substantial questions regarding whether a development authority could legally demand additional amounts for plot allotment after initial contract, and liability for refund with interest.
Interest at 7% p.a. directed on disputed amount pending final decision.
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Court No. - 36
Case :- SECOND APPEAL No. - 488 of 2024
Appellant :- Vishwanath Chaturvedi And 3 Others Respondent :- Mathura Vrindavan Development Authority Mathura Counsel for Appellant :- Suresh Chandra Pandey
Hon'ble Kshitij Shailendra,J.
upon a judgment of Supreme Court in Delhi Development Authority and another Vs. Joint Action Committee, Allottee of SFS Flats and others: (2008) 2 SCC 672 .
"(a) Whether once a concluded contract is executed between the plaintiff and defendant and the plaintiff has performed his part of contract as such further demand of money by the defendant without any lawful justification amounts to breach of contract on the part of the defendant ?
(b) Whether after allotment of the plot in favour of the plaintiff and performing his part under the contract, a fiduciary relationship is developed between the plaintiff and defendant and the defendant was in a position to dominate the will of the plaintiff and built up pressure on the plaintiff to deposit Rs.91,261/- otherwise allotment be cancelled amounts to undue influence/ coercion ?
(c) Whether the demand of Rs.91,261/- without any lawful justification is wholly illegal and without jurisdiction and defendant is liable to refund the same to the plaintiff along with the interest and compensation for breach of contract ?
(d) Whether in absence of any specific stipulation contained in the brochure regarding escalation and inclusion of conversion charges, additional amount raised from the appellant was justified ?"
Order Date :- 29.8.2024 AKShukla/-
Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad
3 issues framed by the court
Whether further demand of money after concluded contract amounts to breach of contract?
Whether demand of additional amount without lawful justification amounts to undue influence or coercion?
Whether defendant is liable to refund additional amount deposited without lawful justification?
Colour shows how this judgement treated each authority
Delhi Development Authority and another Vs. Joint Action Committee, Allottee of SFS Flats and othersReferred¶8
Delhi Development Authority and another Vs. Joint Action Committee, Allottee of SFS Flats and others: (2008) 2 SCC 672 · Who else cites this
Vishwanath Chaturvedi
Mathura Vrindavan Development Authority
Kshitij Shailendra
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
