Supreme Court of India
RAVINDER SINGH CHANA versus KHANNA PROPERTIES AND INFRASTRUCTURES PVT. LTD. on 24 August 2022
136
[2022] 7 S.C.R. 136
SUPREME COURT REPORTS
[2022] 7 S.C.R.
ARAVINDER SINGH CHANA
v.
KHANNA PROPERTIES AND INFRASTRUCTURES PVT. LTD.(Civil Appeal No(C). 5793 of 2022)
BAUGUST 24, 2022
[S. ABDUL NAZEER AND J.K. MAHESHWARI, JJ.]
Consumer Protection – Construction of flat not completedeven after receipt of amount within the fixed time period – StateCommission directed the respondent to refund the total amount ofCRs.21.18 Lakhs to the appellant with interest – However, NationalCommission directed the refund of Rs.16,18,000/- with interest –On appeal, held: National Commission erred in partially reversingthe order of State Commission – Order of National Commission setaside – Respondent to pay/refund the amount in terms of the orderDof the State Commission within two months, if already not paid/refunded.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5793of 2022.
From the Judgment and Order dated 17.02.2022 of the NationalEConsumer Disputes Redressal Commission, New Delhi in First AppealNo.387 of 2021.
Akshat Shrivastava, Satvic Mathur, Advs. for the Appellant.
Yashish Chandra, Yash Agrawal, Devesh Pratap Singh, Advs. forFthe Respondent.
The following Order of the Court was passed:
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O R D E R
1. Leave granted.
G2. By an order dated 15.10.2020, M.P. State Consumer DisputeRedressal Commission, Bhopal, (M.P.) (for short ’the State Commission’)directed the respondent herein to refund a total sum of Rs.21,18,000/-(Rupees twenty-one lakhs eighteen thousand only) to the appellant withinterest thereon within a period of two months. The operative portion ofthe order of the State Commission is as under:H
RAVINDER SINGH CHANA v. KHANNA PROPERTIES ANDINFRASTRUCTURES PVT. LTD.
“It is proved in the light of above investigation/observation andjustice citations that even after receipt of an amount of Rs.21.18Lakhs, within a fixed time period, which is generally presumedapproximately two years, the construction of the flat has not beencompleted. Hence the complainant is entitled to receive the depositamount back along with interest. Therefore this complaint case isallowed/accepted and respondent is directed to pay an amount ofRs.21.18 Lakh (Rs. Twenty One Lakh Eighteen Thousand only)within a period of two months and also to pay simple interest of9% per annum upon the above said amount from the dated19.01.2015 the last depositing installment till realization date. Therespondent also to pay an amount of Rs.5,000/- (Rs. Five Thousandonly) as litigation expenses to the complainant.”
3. However, the National Consumer Disputes RedressalCommission, New Delhi (for short ‘the National Commission’) has passedthe impugned order dated 15.10.2020 directing the refund ofRs.16,18,000/- (Rupees sixteen lakhs eighteen thousand only) with interest@ 9% per annum within a period of two months from the date of thesaid order.
4. Having heard learned counsel for the parties and on perusal ofthe materials placed on record, we are of the view that the NationalCommission was in error in partially reversing the order of the StateCommission. Therefore, the order of the National Commission impugnedherein is hereby set aside and the order of the State Commission dated15.10.2020 is hereby restored.
5. The respondent is directed to pay/refund the amount in termsof the order of the State Commission dated 15.10.2020 within a periodof two months from today, if already not paid/refunded.
6. The civil appeal is disposed of accordingly.
Divya Pandey(Assisted by : Roopanshi Virang, LCRA)
Appeal disposed of.
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