Supreme Court - Daily Orders
Rishab Singh Chandel vs Parsvnath Developers Ltd. on 24 April, 2023
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
CA 3052/2023
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 3052 of 2023
(Arising out of SLP (C) No 32400 of 2018)
Rishab Singh Chandel and Another Appellants
Versus
Parsvnath Developers Ltd and Another Respondents
ORDER
1 Leave granted.
2 The State Consumer Disputes Redressal Commission 1 directed the respondent to refund the amount deposited by the appellant together with interest at the rate of 18% per annum from 1 July 2011 till payment. This order was affirmed by the National Consumer Disputes Redressal Commission.
Signature Not Verified 1 “SCDRC” Digitally signed by CHETAN KUMAR Date: 2023.04.26 16:53:44 IST Reason: CA 3052/2023 2 3 Notice was issued by this Court confined to the submission of the appellant that interest has to be awarded from 31 March 2008, the date of payment made to the builder and not from 1 July 2011, as awarded by the SCDRC. 4 Admittedly, the appellant had paid an amount of Rs 13.25 lakhs to the developer in 2008. The date on which possession had to be granted in terms of the agreement was 1 July 2011. Possession has never been handed over. 5 In this backdrop, we are of the considered view that the appellant was entitled to interest from the respective dates on which the payment of consideration was made to the developer and not from 1 July 2011. The date of 1 July 2011 would have been relevant if possession had been handed over to the home buyer which is not the case.
6 In order to resolve the matter finally, we order and direct that the developer shall pay an amount of Rs 3.50 lakhs to the appellant towards the interest liability for the period between 2 January 2008 and 1 July 2011, which shall be over and above the interest which has already been awarded. 7 The above order is being passed in the peculiar facts and circumstances of the present case, noted above.
8 The appeal is disposed of in the above terms. CA 3052/2023 3 9 Pending applications, if any, stand disposed of.
….....…...….......…………………..CJI.
[Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [Pamidighantam Sri Narasimha] New Delhi;
April 24, 2023
CKB
CA 3052/2023
4
ITEM NO.26 COURT NO.1 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.32400/2018
(Arising out of impugned final judgment and order dated 20-12-2017 in RP No.2655/2016 passed by the National Consumers Disputes Redressal Commission, New Delhi) RISHAB SINGH CHANDEL & ANR. Petitioner(s) VERSUS PARSVNATH DEVELOPERS LTD. & ANR. Respondent(s) Date : 24-04-2023 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Abhinav Bajaj, Adv.
Mr. Vikas Singh Jangra, AOR For Respondent(s) Mr. Rahul Malhotra, Adv.
Mr. Manoranjan Sharma, Adv. Mr. Deeptanshu Jain, Adv.
Mr. Rajesh P., AOR UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.
2 The appeal is disposed of in terms of the signed order.CA 3052/2023 5
3 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar
(Signed order is placed on the file)