In M/S Nexgen Infracon Pvt. Ltd. Vs. Manish Kumar Sinha and another, the Hon’ble Supreme Court while examining the issue of non-willingness of the allottee to take possession of the apartment and his willingness to be satisfied in taking refund of the amount deposited by him with interest at such rate as may deem appropriate by the Court, pleased to observe that “we see no reason to take a different view in respect of the entitlement of the respondents to seek refund of the amount deposited by them. We, therefore, hold that the respondents were justified in seeking refund.
