Supreme Court of India · 2007-02-20
M/S BHANDARI CONSTRUCTION COMPANY vs NARAYAN GOPAL UPADHYE
- Citation / case number
- SC 2006/26888
- Court
- Supreme Court of India
- Petitioner
- M/S BHANDARI CONSTRUCTION COMPANY
- Respondent
- NARAYAN GOPAL UPADHYE
- Author
- P.K. BALASUBRAMANYAN B.P. SINGH
- Bench
- P.K. BALASUBRAMANYAN B.P. SINGH
Judgment text excerpt
The Supreme Court upheld the decision of the National Consumer Disputes Redressal Commission, emphasizing that the essence of a contract lies in the performance of payment obligations as stipulated in the agreement dated 8.7.1997. The Court noted that the respondent's failure to pay the remaining balance of Rs.3,41,190/- resulted in the non-completion of the sale transaction, thus justifying the company's refusal to hand over possession. The Court concluded that the respondent was not entitled to compensation or possession due to non-fulfillment of contractual obligations under the Consumer Protection Act, 1986.