SUPREME COURT OF INDIA
DINESH MAHESHWARI, SANJAY KUMAR, JJ.
M/s Suneja Towers Private Limited & Anr. – Appellants
Versus
Anita Merchant - Respondents
Civil Appeal Nos. 2892-2894 of 2023 (Arising Out Of SLP (Civil) Nos. 8163-8165 OF 2022)
Decided on : 18-04-2023
| Table of Content |
|---|
| 1. complaint's maintainability and factual background. (Para 2) |
| 2. rival arguments regarding interest and compensation. (Para 6 , 8 , 9) |
| 3. court's observations on compound interest and related judgments. (Para 12 , 13 , 19 , 22) |
| 4. analysis of decision in dr. monga's case and its implications. (Para 16 , 21) |
| 5. conclusion allowing respondent to retain previously received payments. (Para 28) |
JUDGMENT :
DINESH MAHESHWARI, J.
| Table of Contents | |
| Preliminary and brief outline | |
| Relevant factual and background aspects | |
| The State Commission awarding compound interest | |
| Approval by the National Commission | |
| Rival Contentions | |
| Matters of form and pleading not relevant in the present case | |
| The cited decisions on award of interest in real estate dealings. | |
| The decision in Manjeet Kaur Monga’s Case and its connotations | |
| The complexities of present matter requiring further exploration In extraordinary measure, money received by respondent allowed to be retained Conclusion | |
Preliminary and brief outline
Leave granted.
2. In these appeals by special leave, the appellants have essentially questioned a part of the common judgment and order dated 31.03.2022, as passed by the National Consumer Disputes Redressal Commission, New Delhi1[Hereinafter also referred to as ‘the National Commission’.] in Revision Petition Nos. 771 of 2020, 772 of 2020 and 773 of 2020, whereby the National Commission has declined to interfere in the common judgment and order dated 12.03.2020, as passed by the State Consumer Disputes Redressal Commission, Delhi2[Hereinafter also referred to as ‘the State Commission’.], in Appeal Nos. 121 of 2014, 122 of 2014 and 123 of 2014.
2.1. The present set of appeals has its genesis in the three complaints filed by the complainant-respondent before the Consumer Disputes Redressal Forum-II, New Delhi3[Hereinafter also referred to as ‘the District Forum’.], bearing Nos. C-252 of 2006, C-283 of 2006 and C-284 of 2006 alleging deficiency of service on the part of the present appellants for having failed to deliver the possession of three flats booked by her, even after expiry of the agreed period and despite the fact that she had admittedly made payment of 60% of the total sale consideration. The District Forum, in its order dated 20.12.2013, dismissed the complaints so filed by the present respondent on various grounds including that she had tried to avail of the services of the builder for commercial purposes by booking three flats and thus, did not fall within the category of “consumer”, as defined under Section 2 (d) of the Consumer Protection Act, 19864[Hereinafter also referred to as ‘the Act of 1986’].
2.2. In the said judgment and order dated 12.03.2020, the State Commission, however, disapproved the order so passed by the District Forum as regards the maintainability of complaints and then, particularly with reference to the decision in the case of Dr. Manjeet Kaur Monga v. K.L. Suneja: (2018) 14 SCC 6795[Reference to this case has occurred at multiple places hereafter; where it has been referred to as the case of ‘Dr. Manjeet Kaur Monga’ or the case of ‘Dr. Monga’.], wherein the award of compound interest by Competition Appellate Tribunal6[‘COMPAT’, for short.] under the Monopolies and Restrictive Trade Practices Act, 19697[Hereinafter also referred to as the ‘MRTP Act’.] was not interfered with by this Court, granted relief to the complainant in the manner that the appellants shall refund the amount deposited by her together with ‘compound interest at the rate of 14% from the date of deposit’. The National Commission rejected all the contentions urged on behalf of the appellant against the order so passed by the State Commission and also found no reason to interfere with th
Compensation can take different forms – Determination has to be made, keeping in view stage of work completed, where service provider has lapsed in duty and loss caused thereby – Uniformity is foreig....
Interest is payable only on the principal sum and not on the interest part of the award, unless specifically provided by statute or contract.
Compensation - Since the compensation in the form of interest has already been awarded, the Respondents/Complainants shall not be entitled for any other compensation.
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