Supreme Court - Daily Orders
M/S Nexgen Infracon Private Limited vs Manender Kumar Mohanpuria on 23 August, 2021
Bench: Hemant Gupta, A.S. Bopanna
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4919 OF 2021
(@ Diary No(s). 4963/2021)
M/S NEXGEN INFRACON PRIVATE LIMITED APPELLANT(S)
VERSUS
MANENDER KUMAR MOHANPURIA RESPONDENT(S)
WITH
CIVIL APPEAL NO.4902 OF 2021
(@ Diary No(s). 1899/2021)
CIVIL APPEAL NO.4923 OF 2021
(@ Diary No(s). 4952/2021)
CIVIL APPEAL NO.4922 OF 2021
(@ Diary No(s). 1908/2021)
CIVIL APPEAL NO.4921 OF 2021
(@ Diary No(s). 1900/2021)
CIVIL APPEAL NO.4924 OF 2021
(@ Diary No(s). 1902/2021)
CIVIL APPEAL NO.4925 OF 2021
(@ Diary No(s). 1906/2021)
O R D E R
Delay condoned.
Signature Not VerifiedDigitally signed by R Natarajan Issue notice to the respondents.
Date: 2021.08.2414:14:27 IST Reason: 2 Mr. Aditya Parolia waives notice on behalf of the respondents. The challenge in the present appeals is to the grant of interest at the rate of 12% p.a. and if that said amount is not paid within one month, the appellants shall be liable to pay compensation at the rate of 14% p.a. interest. Still further, National Consumer Disputes Redressal Commission (NCDRC) has ordered that the tax at source should not be deducted.
Learned counsel for the respondents submitted that since the allottees have taken loan from the financial institutions, therefore, the interest rate granted does not warrant interference.
We have heard learned counsel for the parties. The consistent view of this Court is that the interest can be granted by NCDRC @ 9% p.a. from the date of deposit till the refund. Such was the order passed on 11.01.2021 in C.A. No.62 of 2021 titled as M/s Nexgen Infracon Pvt. Ltd. Vs. Manish Kumar Sinha & Anr. in respect of same builder. This Court has directed payment of interest @ 9% and also modified the directions regarding deduction of tax at source.
In view of the aforesaid order, we modify the order passed by the NCDRC and scale down the interest from 12% & 14% to 9% p.a. The direction restraining the appellants from deducting the tax at source is also set aside. However, the appellants are granted two months’ time to refund the amount to the allottees. 3 With the aforesaid direction(s), the appeals are disposed of. No costs.
Pending application(s), if any, also stand disposed of.
…………………………………………J. [HEMANT GUPTA] …………………………………………J. [A.S.BOPANNA] New Delhi 23rd AUGUST, 2021 4 ITEM NO.2 + 32 Court 10 (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 CIVIL APPEAL Diary No(s). 4963/2021 (Arising out of impugned final judgment and order dated 23-12-2019 in CC No. 1735/2018 passed by the National Consumers Disputes Redressal Commission, New Delhi) M/S NEXGEN INFRACON PRIVATE LIMITED Petitioner(s) VERSUS MANENDER KUMAR MOHANPURIA Respondent(s) (IA No.68076/2021-CONDONATION OF DELAY IN FILING and IA No.68075/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68074/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) WITH Diary No(s). 1899/2021 (XVII-A) (IA No.69003/2021-CONDONATION OF DELAY IN FILING and IA No.69002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.69001/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 4952/2021 (XVII-A) (IA No.95920/2021-CONDONATION OF DELAY IN FILING and IA No.95915/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.95916/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 1908/2021 (XVII-A) (IA No.72593/2021-CONDONATION OF DELAY IN FILING and IA No.72594/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72595/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 1900/2021 (XVII-A) (IA No.98146/2021-CONDONATION OF DELAY IN FILING and IA No.98144/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.98141/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 1902/2021 (XVII-A) (IA No.53470/2021-CONDONATION OF DELAY IN FILING and IA No.53471/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.53473/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) 5 Diary No(s). 1906/2021 (XVII-A) (IA No.94695/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.94697/2021-CONDONATION OF DELAY IN FILING APPEAL and IA No.94692/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 23-08-2021 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Gaurav Mitra, Adv Mr. Sidharth Joshi, Adv Mr. Gopal Singh Chauhan Adv Ms. Ambareen ADv Mr. Yogesh Mittal, Adv Mr. Prakash Singh Negi Adv Mr. Deepak Goel, AOR Ms. Urvashi Sharma, Adv.
For Respondent(s) Mr. Aditya Parolia, Adv.
Mr. Piyush Singh, Adv.
Ms. Aditi Sinha, Adv.
Mr. Akshay Srivastava, Adv. Mr. Nithin Chandaran, Adv. Mr. Rajesh Kumar, Adv.
Mr. Gaurav Goel, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeals are 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)