Supreme Court - Daily Orders
M/S Logix Infrastructure Pvt. Ltd vs Manoj Tayal on 27 September, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6002 OF 2021
(@ SLP(C) No.14681 of 2021)
M/S LOGIX INFRASTRUCTURE PVT. LTD APPELLANT(S)
VERSUS
MANOJ TAYAL & ORS. RESPONDENT(S)
O R D E R
Leave granted.
The challenge in the present appeal is to an order passed by the National Consumer Disputes Redressal Commission (in short, ‘NCDRC’) on 28.02.2021 whereby the appellant was directed to refund the entire amount of Rs.16,82,658/- (Rupees Sixteen Lakh Eighty Two Thousand Six Hundred and Fifty Eight) along with interest at the rate of 18% p.a. to be calculated from the date of respective deposits till the date of the actual payment as compensation within 60 days from the date of the order.
The consistent view of this Court is that the builder cannot retain the amount deposited by the Consumers over the delay in handing over the possession of the flat booked by the Consumer. The possession of the flats was to be offered on 07.10.2013 but the Signature Not Verified Digitally signed by R Natarajan Date: 2021.09.28 appellant 16:53:02 IST Reason: claims to have obtained occupancy certificate on 29.05.2015. The Consumer was informed of such occupancy certificate which was objected by the consumers inter alia on the ground that 2 there is no term like interim possession/interim handing over, therefore, the appellant was requested to carry all pending works in the flat and not to put any work on hold. However, it is not disputed that the possession had still not been handed over.
Keeping in view the consistent view of this Court, we modify the order passed by the NCDRC and scale down the interest from 18% to 9% p.a. However, the appellant is granted three months’ time to refund the amount.
With the aforesaid direction(s), the appeal is disposed of. No costs.
Pending application(s), if any, also stand disposed of.
……………………………………………………J. [HEMANT GUPTA] ……………………………………………………J. [V. RAMASUBRAMANIAN] NEW DELHI;
27th SEPTEMBER, 2021
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ITEM NO.18 Court 11 (Video Conferencing) 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). 14681/2021
(Arising out of impugned final judgment and order dated 28-02-2020 in FA No. 15/2019 passed by the National Consumer Disputes Redressal Commission, New Delhi) M/S LOGIX INFRASTRUCTURE PVT. LTD Petitioner(s) VERSUS MANOJ TAYAL & ORS. Respondent(s) (IA No.118021/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.118026/2021-APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS) Date : 27-09-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Dhananjai Jain, AOR For Respondent(s) Ms. Meenakshi Midha, Adv.
Mr. Kapil Midha, Adv.
Ms. PritikaJuneja, Adv.
Mr. Chander Shekhar Ashri, 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 order. Pending application(s), if any, also stand disposed of.
(SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)