IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11097 OF 2018

(ARISING OUT OF SLP (C) NO.12603/2018)

WITH

CIVIL APPEAL NO. 11098­11138 OF 2018

(ARISING OUT OF SLP (C) NO.25850­25890/2018)

   

DLF HOMES PANCHKULA PVT. LTD. & ANR. ETC.

..

 Appellant(s)

 

                      Versus

HIMANSHU ARORA & ANR. ETC.

..

 Respondent(s)

O R D E R

Leave granted.

1.

The

National

Consumer

Disputes

Redressal

Commission(‘NCDRC’) by a Judgment and Order dated 11 December,

2017 disposed of a batch of appeals arising from a decision

rendered on 5 December, 2016 by the State Consumer Disputes

Redressal Commission (‘SCDRC’). Finding the appellants in

default of their obligations to the flat purchasers, the SCDRC

directed the appellants to pay compensation. The relevant part

of the directions is extracted below :

“(iii) To pay compensation, by way of

interest @ 12% p.a., on the deposited amount,

to the complainant(s), from 07.01.2014 in

respect of Complaint No.508/2016 and from the

respective dates as given in Column No.5 in

Table – A in respect of eight complaints

1

Digitally signed by

VISHAL ANAND

Date: 2018.11.29

15:40:36 IST

Reason:

Signature Not Verified

indicated therein, till 30.11.2016, within 45

days, from the date of receipt of a certified

copy of this order, failing which, the said

amount(s) shall carry penal interest @ 15%

p.a.,instead of 12% p.a., from the date of

default, till realization.

(iv) To pay compensation by way of interest @

12% p.a. on the deposited amounts, to the

complainant(s) w.e.f. 01.12.2016, onwards

(per month), till possession is delievered,

by the 10^th of the following month, failing

which, the same shall also carry penal

interest @ 15% p.a., instead of 12% p.a.,

from the date of default, till payment is

made.

(v)

Pay compensation, in the sum of

Rs.1,50,000/- on account of mental agony,

physical harassment and deficiency in

service, and Rs.35,000/- as litigation costs,

to the complainant(s), within 45 days from

the date of receipt of a certified copy of

the order, failing which, the said amount(s)

shall carry interest @ 12% p.a., from the

date of filing the complaint(s) till

realization.”

2.

In appeal, the NCDRC reduced the rate of interest from 12

per cent to 9 per cent.

3.

The grievance of the appellants is that while reducing the

rate of interest, the NCDRC extended the period over which

interest is liable to be paid. As a result, the liability in

monetary terms under the impugned order of NCDRC is stated to be

higher than under the directions of the SCDRC, despite the

reduction in the rate of interest. The SCDRC, in the submission

of the appellants, distinguished between those flat buyers who

were seeking possession and those who were seeking a refund of

monies. For those who were seeking possession, interest was

made payable by the SCDRC from the anticipated date of

2

possession, whereas the NCDRC, according to the appellants, has

obliterated the distinction between those who sought possession

and those who were seeking refund of their monies.

4.

On 18^th May, 2018, the following Order was passed by this

Court :

“Delay condoned.

Heard the learned Senior counsel appearing for

the petitioners.

Issue notice and stay of further proceedings,

subject to the petitioners deposit the amount

determined by the order of the State

Commission within a period of four weeks from

today.”

5.

In pursuance of this Order, a deposit was made of an amount

of Rs.5,00,51,784/- (Rupees Five Crores Fifty One Thousand Seven

Hundred Eighty Four) which has been recorded in the Order dated

18^th June, 2018, which reads as follows :

“Let the amount of Rs.5,00,51,784/- (Rupees

Five Crores Fifty One Thousand Seven Hundred

Eighty Four), deposited by the petitioners on

14.06.2018, be deposited in an interest

bearing Fixed Depo