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2024 Supreme(Online)(NCDRC) 683
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
FIRST APPEAL NO. 856 OF 2020
(Against the Order dated 27/03/2020 in Complaint No. 1315/2016 of the State Commission Delhi)
1. M/S. TDI INFRASTRUCTURE LTD.
REGISTERED OFFICE AT 10, SHAHEED BHAGAT SINGH MARG,
NEW DELHI-110001
...........Appellant(s)
Versus
1. SURENDER SHARMA
VILLAGE HARKAULI, DISTRICT-SONEPAT
SONEPAT-121023,
HARYANA
...........Respondent(s)
FIRST APPEAL NO. 857 OF 2020
(Against the Order dated 27/03/2020 in Complaint No. 1316/2016 of the State Commission Delhi)
1. KUSUM GAUR & ANR.
E-49, INDUSTRIAL AREA SONEPAT
SONEPAT-131023,
2. MR. KUBER GAUR
E-49,INDUSTRIAL AREA SONEPAT
SONEPAT-131023
FIRST APPEAL NO. 858 OF 2020
(Against the Order dated 27/03/2020 in Complaint No. 1317/2016 of the State Commission Delhi)
REGISTERD OFFICE AT 10, SHAHEED BHAGAT SINGH MARG,
1. VED PRAKASH
VILLAGE AND POST OFFICE JAKHAULI
FIRST APPEAL NO. 859 OF 2020
(Against the Order dated 27/03/2020 in Complaint No. 1318/2016 of the State Commission Delhi)
1. KABITA BHATTACHARYA & ANR.
RESIDENT OF RJD 20A,
2. MS. SHAYARI BHATTACHARYA
RJD-20A, FIRST FLOOR, FLAT NO.101, BLOCK D, LANE 4, MAHAVIR ENCLAVE,
NEW DELHI-110045
FIRST APPEAL NO. 860 OF 2020
(Against the Order dated 27/03/2020 in Complaint No. 1319/2016 of the State Commission Delhi)
BEFORE:
 
HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT
FOR THE APPELLANT :
MR. VAIBHAV AGNIHOTRI, ADVOCATE
MR. ANKIT KHERA, ADVOCATE
FOR THE RESPONDENT :
MR. JITENDER VASHIST, ADVOCATE
Dated : 06 May 2024
For the Petitioner: M/S. SKV ASSOCIATES
For the Respondent: M/S. JITENDER VASHISHT & CO.
ORDER
“21. Having regard to the discussion done and the legal position explained, I am of the considered view that the ends of justice would be met if a direction is issued to the Ops to refund to the complainant in each of the five cases the amount deposited by each complainant with interest relying on the judgement of the Hon’ble NCDRC in the matter of Anil Kumar Jain (Supra) at the rate of 12% from the date of deposit till realisation and litigation cost of Rs. 30,000/- in each case is ordered leaving the parties to bear the cost.”
“DATED.11.01.2024
ORDER
Heard learned counsel for the appellant and the learned counsel for the respondents/complainants.
While considering the applications, what is also to be borne in mind is the real contest between the parties regarding the rate of interest payable on the amount awarded by the State Commission as to whether it should be 9% as claimed by the appellant or 12% as awarded by the State Commission.
Learned counsel for the respondents/complainants prays for time to assist the Bench along with the judgments that he proposes to rely on with regard to the calculation of rate of interest on such amount awarded by the State Commission. He prays for four weeks’ time to come up with those judgments.
Let a compilation be prepared and handed over to the learned counsel for the appellant.
List on 02.05.2024.”
S.NO.
CASE TITLE
CASE NO.
RATE OF INTEREST
Bimal Sharma & Anr. V. TDI Infrastructure Ltd;
CC/856/2017
6% P.A.
(Para 11 @ Pg 7)
S.P. Bhatia V. TDI Infrastructure Ltd;
CC/326/2017
6% thereafter 9% P.A.
(Para 21 @ Pg 18)
Om Prakash Kataria V. TDI Infrastructure Ltd & Anr.;
CC/1390/2017
6% thereafter 9% P.A.
(Para 20 @ Pg 28)
Dr. Punyatoya Patra V. TDI Infrastructure Ltd & Anr.;
CC/253/2017
6% thereafter 9% P.A.
(Para 23 @ Pg 40)
Vikas Bhutani V. TDI Infrastructure Ltd;
CC/944/2017
6% thereafter 9% P.A.
(Para 39 @ Pg 56)
S.NO
CASE DETAILS AND CASE NO. ALONG WITH CITATION
RELEVANT PARA(S)
DLF Homes Panchkula Pvt Ltd v. DS Dhanda [(2020) 16 SCC 318]
23
Expression Developers Private Limited V. Sushma Ashok Shiroor [(2022) 15 SCC 286]
33
Jaypee Greens v. Yogesh Kumar Garg [FA/1620/2016]
13
M/s Jaypee Sports INTERNATIONAL Ltd. V. Rajan Luthra [FA/1786/2018
6&7
Ram Vila Sharma & Ors. V. M/s Gold Souk Infrastructure Ltd. & Ors. [FA/421/2018]
16&17
Shradha Anand & Ors. V. Anshal Hi-Tech Township Ltd. [2021 SCC OnLine NCDRC 576]
10
PARTICULARS
Ghaziabad Development Authority Vs. Balbir Singh- Appeal (civil) no.7173 of 2002: (2004) 5 SCC 65, decided on 17.03.2004.
TDI Infrastructure Ltd. versus Rajendra Singh- Civil Appeals Nos.5915-5916 of 2019 decided by the Supreme Court vide Judgment dated 29.07.2019.
TDI Infrastructure Ltd. versus Ashok Goyal - Civil Appeal No.5607 of 2019 decided by the Supreme Court Judgment vide dated 12.07.2019
Puneet Malhotra vs Parsvnath Developers Ltd.-
2015 SCC Online NCDRC 1409 Consumer Complaint No.232 of 2014 decided by the National Consumer Redressal Commission New Delhi on 29.01.2015
Swarn Talwar & Ors. Vs Unitech Ltd. & Ors.-
2015 SCC Online NCDRC 3567 Consumer Complaint No.347 of 2014 decided by the National Consumer Redressal Commission New Delhi on 14.08.2015
Anil Kumar Jain and Ors. Versus Nexgen Infracon Private Limited 2019 SCC Online 716, Decided by the Hon'ble National Commission on 23rd December, 2019
Naresh Gaur VS Taneja Development Infrastructure Ltd. & Ors, 2019 SCC Online NCDRC 653 First Appeal No.265 of 2013 Decided by the Hon'ble National Consumer Disputes Redressal Commission on 13.02.2019
Dharamvir Singh versus Infrastructure Limited Revision Petition No.350 of 2015- Decided by the Hon'ble National Consumer Disputes Redressal Commission on 13th July, 2020.
M/s. ORS Infrastructure Pvt Ltd versus Sanjeev Kumar Decided by the Hon'ble National Commission on 24th February, 2020.
M/s. ORS Infrastructure Pvt. Ltd. versus Abhishek Khanna, Civil Appeal No.5785 of 2019, Decided by the Hon'ble Supreme Court on 11.01.2021.
S.NO
Bang
