The Delhi High Court has upheld a buyer’s refund of ₹4.15 lakh while refusing to compel completion of a property sale, distinguishing failure to prove readiness from a seller’s right to retain money.
Judge / Bench — Justice Neena Bansal Krishna.
Dismissing Ram Pal Saini’s appeal on 16 October 2026, the court found insufficient evidence of financial capacity at the relevant time. Assertions of readiness and willingness did not replace proof.
However, the agreement contained no forfeiture clause, and the seller proved neither loss nor a contractual right to retain the payment. Even stipulated compensation is subject to reasonable compensation and legal injury. The court preserved the refund with 6% annual interest from 30 May 2013 until realisation, and rejected the buyer’s demand for double payment.
Advocates appearing — Appellant — T.S. Ahuja, Varun Ahuja, Yukta Batra and Yashika Suneja. Respondent — Tanvi Madan.