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As per case facts the builder canceled the allotment of an apartment to the respondent and despite a stay order from the Consumer Commission alienated the flat during proceedings When
...the Commission directed the original flat be conveyed the builder offered an alternate identical flat on the next floor which was ultimately approved by the Supreme Court with the original terms The ensuing delay and dispute over outstanding amounts including interest and charges led the builder to file a miscellaneous application to force the sale or allow a refund The question arose What is the total outstanding amount payable by the respondent to the appellant to finally settle the dispute and execute the sale deed for the alternate flat given the builder's contemptuous conduct and the respondent's delayed payment of the balance consideration Finally the Supreme Court invoking the power to do complete justice directed the respondent to pay a consolidated sum over the admitted amount This payment was deemed to cover all outstanding dues of interest taxes and other charges up to the date possession was handed over and ordered the parties to execute the necessary sale agreement deed within a specified period after payment