Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
2024 INSC 300
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 1454 OF 2023
SANJAY CHAUDHARY AND ANR. .…APPELLANT(S)
VERSUS
PIONEER URBAN LAND &
INFRASTRUCTURE LTD. AND ANR. ….RESPONDENT(S)
O R D E R
Mehta, J.
rd
1. This appeal is directed against the final order dated 23
January, 2023 passed by the National Consumer Disputes
Redressal Commission (hereinafter being referred to as
‘Commission’) whereby, the learned Commission, while allowing
the Consumer Case No. 612 of 2018 filed by the appellants, issued
the following directions: -
“In view of the aforesaid discussions, the complaint is partly
allowed. The opposite parties are directed to issue a fresh
statement of account, duly crediting delayed compensation of
Rs. 2433120/- as on 13.11.2017, within one month of the
judgment. On the balance amount (except stamp duty and
registration charges), the opposite parties will charge interest
@9% per annum, from 14.11.2017 till the date of payment. The
complainants be given one month time to deposit the amount.
On settlement of the account, the opposite parties will execute
conveyance deed in favour of the complainants and handover
1
possession of the unit, complete in all respect to them without
any further delay.”
2. The appellants herein are aggrieved by the direction passed
by the learned Commission giving liberty to the respondent-
developer to charge interest @9% per annum on the balance
th
amount (except stamp duty and registration charges) from 14
November, 2017 till the date of payment from the appellants-
homebuyers.
3. We have heard and considered the arguments advanced by
learned counsel for the parties and have gone through the
impugned order and the material placed on record.
4. It is admitted that the appellants being the homebuyers, had
made payment of 90% of the total sale consideration of the flat in
rd
question to the respondent-developer till 23 June, 2014. The said
amount runs to nearly Rs.2,21,56,942.42/- (total consideration
for 4111 sq. ft super area and amenities being Rs.2,38,20,932/-).
5. Admittedly, the respondent-developer failed to handover the
possession of the flat to the appellants-homebuyers by the
th
scheduled date i.e. 16 March, 2014 upon which the consumer
dispute came to be registered.
2
6. In this background, we are of the view that the learned
Commission erred in directing that the opposite party i.e.
respondent-developer shall be entitled to charge interest @9% per
annum from the appellants-homebuyers on the balance amount
th
(except stamp duty and registration charges) from 14 November,
2017 till the date of payment. Thus, the said part of the impugned
order whereby, the respondent-developer has been permitted to
charge interest at the rate of 9% per annum on the balance amount
is quashed and set aside.
7. We direct the respondents to convey the outstanding amount
to the appellants within a period of two months from today and
upon payment being made, the possession of the flat in question
shall be handed over to the appellants forthwith and not later than
a period of 30 days from the date of final payment being made.
8. The appeal is disposed of in the above terms.
9. Pending application, if any, shall stand(s) disposed of.
………………….……….J.
(B.R. GAVAI)
………………………….J.
(SANDEEP MEHTA)
New Delhi;
th
10 April, 2024.
3