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MARKANDEY KATJU, S.B.SINHA
Alok Shankar Pandey – Appellant
Versus
Union of India – Respondent
The provided legal document does not contain a specific clarification from the Supreme Court stating that in the absence of any proved "deficiency in service" as defined in the Consumer Protection Act, 1986, the complaint should be dismissed. Instead, the judgment discusses the appropriateness of interest awarded in a particular case related to unfair trade practices and the refund process for a housing scheme. It emphasizes that the amount of interest granted depends on the facts and circumstances of each case and that interest is a normal accretion on capital rather than a penalty or punishment (!) (!) .
Therefore, the Court's reasoning is centered around the appropriate rate of interest and the principles of equity, rather than explicitly stating that a complaint should be dismissed in the absence of proof of deficiency in service.
JUDGMENT
Markandey Katju, J.—This appeal has been filed against the order passed by the Monopolies and Restrictive Trade Practice Commission, New Delhi (hereinafter referred to as “the Commission”) dated 13.9.2004 in C.A. No.193 of 2001.
2. Heard learned counsel for the parties and perused the record.
3. The case of the appellant is that after applying for a flat under the “Indira Puram Housing Scheme” in the year 1994, a reservation letter dated 30th March, 1994 was received by him and he was asked to pay seven installments on the specified dates. The amount as well as the dates on which the installments were to be paid was mentioned therein. The applicant started paying the installments as demanded. Subsequently, he opted out for a HIG flat, which was also allotted to him vide letter dated 17th May, 1994. No additional demand was asked for in the second letter. The installments were duly paid as demanded. Thereafter, nothing was heard from the respondent side for almost five years. After finding that there is no likelihood of the flat to be made available to him in the near future, the applicant was left with no alternative but to demand his amount paid along with interest at
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