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february 2007

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.

M/S BHANDARI CONSTRUCTION COMPANY vs NARAYAN GOPAL UPADHYE · Niyam