Full Judgment Text
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(C). 5793 of 2022
(Arising out of S.L.P.(C)No(s).8092 of 2022)
RAVINDER SINGH CHANA …APPELLANT(S)
VERSUS
KHANNA PROPERTIES AND
INFRASTRUCTURES PVT. LTD. …RESPONDENT(S)
O R D E R
1.
Leave granted.
2. By an order dated 15.10.2020, M.P. State Consumer Dispute
Redressal Commission, Bhopal, (M.P.) (for short ’the State
Commission’) directed the respondent herein to refund a total sum
of Rs.21,18,000/- (Rupees twenty-one lakhs eighteen thousand only)
Signature Not Verified
to the appellant with interest thereon within a period of two months.
Digitally signed by
NEETU KHAJURIA
Date: 2022.09.03
11:09:28 IST
Reason:
The operative portion of the order of the State Commission is as
under:
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It is proved in the light of above
“
investigation/observation and justice citations that even
after receipt of an amount of Rs.21.18 Lakhs, within a
fixed time period, which is generally presumed
approximately two years, the construction of the flat has
not been completed. Hence the complainant is entitled
to receive the deposit amount back along with interest.
Therefore this complaint case is allowed/accepted and
respondent is directed to pay an amount of Rs.21.18
Lakh (Rs. Twenty One Lakh Eighteen Thousand only)
within a period of two months and also to pay simple
interest of 9% per annum upon the above said amount
from the dated 19.01.2015 the last depositing
installment till realization date. The respondent also to
pay an amount of Rs.5,000/- (Rs. Five Thousand only) as
litigation expenses to the complainant.”
3.
However, the National Consumer Disputes Redressal
Commission, New Delhi (for short ‘the National Commission’) has
passed the impugned order dated 15.10.2020 directing the refund of
Rs.16,18,000/- (Rupees sixteen lakhs eighteen thousand only) with
interest @ 9% per annum within a period of two months from the
date of the said order.
4. Having heard learned counsel for the parties and on perusal of
the materials placed on record, we are of the view that the National
Commission was in error in partially reversing the order of the State
Commission. Therefore, the order of the National Commission
impugned herein is hereby set aside and the order of the State
Commission dated 15.10.2020 is hereby restored.
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5.
The respondent is directed to pay/refund the amount in terms
of the order of the State Commission dated 15.10.2020 within a
period of two months from today, if already not paid/refunded.
6.
The civil appeal is disposed of accordingly.
….……………………………J.
(S. ABDUL NAZEER)
….……………………………J.
(J.K. MAHESHWARI)
New Delhi;
August 24, 2022
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ITEM NO.18 COURT NO.5 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8092/2022
(Arising out of impugned final judgment and order dated 17-02-2022
in FA No. 387/2021 passed by the National Consumers Disputes
Redressal Commission, New Delhi)
RAVINDER SINGH CHANA Petitioner(s)
VERSUS
KHANNA PROPERTIES AND INFRASTRUCTURES PVT. LTD. Respondent(s)
(FOR ADMISSION and IA No.64849/2022-EXEMPTION FROM FILING O.T.
IA No. 64849/2022 - EXEMPTION FROM FILING O.T.)
Date : 24-08-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Mr. Akshat Shrivastava, AOR
` Mr. Satvic Mathur, Adv.
For Respondent(s) Mr. Yashish Chandra, Adv.
Mr. Yash Agrawal, Adv.
Mr. Devesh Pratap Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
reportable order.
Pending applications, if any, also stand disposed of.
(NEELAM GULATI) (BEENA JOLLY)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed reportable order is placed on the file)