Supreme Court - Daily Orders
Major R.D. Gaind (Huf) vs M/S Dcm Ltd. on 3 December, 2018
Bench: D.Y. Chandrachud, M.R. Shah
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO 11749 OF 2018
(@ SPECIAL LEAVE PETITION (C) NO 36241 OF 2015)
MAJOR R.D. GAIND (HUF) ..APPELLANT
VERSUS
M/S DCM LTD. ..RESPONDENT
ORDER
Leave granted.
The National Consumer Disputes Redressal Commission (“the NCDRC” reversed an order passed by the State Commission which in turn had affirmed a direction of the District Consumer Disputes Redressal Forum (Central), Delhi for the payment of interest at the rate of 12% per annum on an amount of Rs 1,65,000/- (Rupees One Lakh Sixty Five Thousand Only) to the appellant from 16.1.1997 to 18.11.2002.
The contention of the respondent was that an amount of Rs 1,65,000/- (Rupees One Lakh Sixty Five Thousand Only) paid for the booking of a flat had been repaid to the appellant in full and final settlement on 18.11.2002. On the other hand, the appellant submitted that the receipt which was executed in favour of M/s Atlantic Commercial Company Limited was to a sister concern of the respondent and that the appellant was coerced into doing so because of the long delay in refunding the amount.
It is not in dispute that M/s Atlantic Commercial Company Ltd. is a sister concern of the respondent. The sole basis of the order of the NCDRC is that the appellant had failed to establish that the aforesaid entity is a sister concern of the respondent. Learned counsel for the respondent does not dispute that M/s Atlantic Commercial Company Limited is in fact a sister Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA concern.
Date: 2018.12.0614:32:58 IST Reason:
In this view of the matter, ordinarily, we would have remanded the proceedings back to the NCDRC for determination afresh. However, both the learned counsel prayed that this Court may put an end to the dispute finally to obviate further litigation on the subject.
Having due regard to the facts and circumstances of the case, we deem it appropriate and proper to direct that the respondent shall pay a further amount of Rs 60,000 (Rupees Sixty Thousand Only) to the appellant within a period of two weeks from today which shall be in full and final settlement of all the claims, dues and outstandings of the appellant.
In the event that the respondent fails to do so within the period stipulated above, the amount shall carry interest at the rate of 12% per annum until payment.
In the event that the appellant declines to accept the amount, the respondent would be at liberty to deposit the amount before the NCDRC upon which, the money shall be disbursed to the appellant.
The appeal is, accordingly, disposed of. No costs.
Pending application(s), if any, shall also stand disposed of.
.....................................................J [Dr Dhananjaya Y Chandrachud] .....................................................J [MR Shah] New Delhi;
December 03, 2018
ITEM NO.53 COURT NO.13 SECTION XVII
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). 36241/2015
(Arising out of impugned final judgment and order dated 01-07-2015 in RP No. 3371/2013 passed by the National Consumers Disputes Redressal Commission, New Delhi) MAJOR R.D. GAIND (HUF) Petitioner(s) VERSUS M/S DCM LTD. Respondent(s) Date : 03-12-2018 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Dharmendra Kumar Sinha, AOR For Respondent(s) Mr. Gaurav Mittra, Adv.
Ms. Dipali Dwivedi, Adv. Mr. Anupam Mishra, 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, shall stand disposed of.
(MANISH SETHI) (SAROJ KUMARI GAUR)
COURT MASTER (SH) BRANCH OFFICER
(Signed order is placed on the file)