FININ2MIN · JUDGMENT INTELLIGENCE
Other Finance Laws · F2J-C-2997

JP Builders and Developers v. Santosh Amarsingh Sandhu (connected appeals)

Neither forum had established actual payment of the statutory charges. On the record, the allottee’s failure prevented execution and the promoter’s July 2019 termination was justified, but the promoter could not retain the allottee’s money.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26

Finin2min two-minute summary

Neither forum had established actual payment of the statutory charges. On the record, the allottee’s failure prevented execution and the promoter’s July 2019 termination was justified, but the promoter could not retain the allottee’s money. Promoter’s appeal partly allowed, allottee’s dismissed; RERA orders set aside. The promoter must refund ₹12.30 lakh with interest at SBI MCLR plus 2% from 12 July 2016 until repayment, with no earnest-money deduction.

Court
Bombay High Court
Case
Second Appeal No. 116 of 2025 with Second Appeal No. 603 of 2025
Date
2026-09-23
Bench
Sandeep V. Marne
Result
Promoter’s appeal partly allowed, allottee’s dismissed; RERA orders set aside. The promoter must refund ₹12.30 lakh with interest at SBI MCLR plus 2% from 12 July 2016 until repayment, with no earnest-money deduction.
Neutral citation
2026:BHC-AS:38974
CNR
HCBM010624292024
Connected matters
None recorded
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

A flat allottee did not complete the stamp-duty and registration payment steps despite opportunities to execute an agreement for sale. Maharashtra RERA and its appellate tribunal ordered the promoter to proceed with the agreement; the promoter challenged those directions.

Questions before the court

Why the court ruled this way

Neither forum had established actual payment of the statutory charges. On the record, the allottee’s failure prevented execution and the promoter’s July 2019 termination was justified, but the promoter could not retain the allottee’s money.

Controlling point

Neither forum had established actual payment of the statutory charges. On the record, the allottee’s failure prevented execution and the promoter’s July 2019 termination was justified, but the promoter could not retain the allottee’s money.

Order and next steps

Promoter’s appeal partly allowed, allottee’s dismissed; RERA orders set aside. The promoter must refund ₹12.30 lakh with interest at SBI MCLR plus 2% from 12 July 2016 until repayment, with no earnest-money deduction.

Practical implications

The operative result is case-specific: Promoter’s appeal partly allowed, allottee’s dismissed; RERA orders set aside. The promoter must refund ₹12.30 lakh with interest at SBI MCLR plus 2% from 12 July 2016 until repayment, with no earnest-money deduction. Apply it within the court’s stated limit: The result follows the specific payment record and termination notices; it does not permit routine cancellation of otherwise compliant allotments.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established.

Source checked: 2026-09-26 · Judgment paragraphs: paragraphs 52–56 · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.

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