Supreme Court - Daily Orders
T.S.Trehan vs Sadbhawna Coop.Group Hng.Sty. on 15 March, 2023
Bench: A.S. Bopanna, C.T. Ravikumar
CIVIL APPEAL NO.2993 OF 2010
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2993 OF 2010
T.S.TREHAN APPELLANT(S)
VERSUS
SADBHAWNA COOPERATIVE GROUP HOUSING
SOCIETY RESPONDENT(S)
O R D E R
Heard learned counsel appearing for the appellant and perused the orders impugned herein. Though, the ultimate order dated 28.10.2009, passed by the National Consumer Disputes Redressal Commission, New Delhi (‘the NCDRC’) is assailed herein, inasmuch as the claim of the appellant for payment of interest was not considered, the reasons as assigned by the NCDRC to ultimately dismiss the revision petition on holding, is not a consumer is Signature Not Verified not justified. However insofar as the interest as Digitally signed by GEETA AHUJA Date: 2023.03.17 claimed, in any event it could not have been 11:07:46 IST Reason:
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CIVIL APPEAL NO.2993 OF 2010 considered in the facts and circumstances of the instant case. Hence the order need not be interfered.
The admitted position is that the appellant had paid an amount of Rs.3,64,028/- for registering himself for allotment of a flat. Subsequently, since according to the appellant, there was delay in completing the project, he had sought for refund of the amount. The said amount has been refunded to the appellant on 30.01.2004. The only issue which was raised by the appellant in the complaint was regarding payment of interest towards the said amount.
In a normal circumstance, if at the first instance when the demand was made for refund of the amount alleging default on the part of respondent, demand for payment of interest should also have been made at that stage. In the instant case we note, at that stage, all that was sought is for refund of the amount and the respondent had immediately repaid the same. The receipt dated 30.01.2004 issued by the appellant indicates that the said amount was received by him in “full and final settlement” of all his dues. It is only subsequently after a lapse 2 CIVIL APPEAL NO.2993 OF 2010 of sometime, a notice was issued claiming the interest.
Hence in the facts and circumstances of instant case, where the district forum has awarded some compensation which has thereafter been enhanced to Rs.50,000/- by the State Commission, we see no reason to interfere with the order ultimately passed by the NCDRC. The appeal is accordingly disposed of.
Pending application(s), if any, shall also stand disposed of.
.......................J. ( A.S. BOPANNA ) .......................J. ( C.T. RAVIKUMAR ) NEW DELHI 15th MARCH, 2023 3 CIVIL APPEAL NO.2993 OF 2010 ITEM NO.102 COURT NO.12 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 No(s). 2993/2010 T.S.TREHAN Appellant(s) VERSUS SADBHAWNA COOPERATIVE GROUP HOUSING SOCIETY Respondent(s) Date : 15-03-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. Raman Gandhi, Adv.
Mr. Sanjay Jain, AOR For Respondent(s) Ms. Aparna Jha, AOR UPON hearing the counsel the court made the following O R D E R The appeal is disposed of in terms of the signed order. Pending application(s), if any, shall also stand disposed of.
(Geeta Ahuja) (Dipti Khurana) Assistant Registrar-cum-PS Assistant Registrar (Signed Order is placed on the file) 4