Neutral Citation: 2024 INSC 629
Cause Title: OMKAR REALTORS AND DEVELOPERS PVT. LTD. VS. KUSHALRAJ LAND DEVELOPERS PVT. LTD.
Case Number: CIVIL APPEAL NO.858 OF 2023
Judgment Date: August 23, 2024
Quorum/Bench: Hon'ble Justice PAMIDIGHANTAM SRI NARASIMHA, and Hon'ble Justice PANKAJ MITHAL
This is a statutory appeal under Section 67 of the Consumer Protection Act, 2019. The challenge in the appeal is to the judgment and order dated 23.12.2022 passed by the National Consumer Disputes Redressal Commission in Consumer Complaint No.141 of 2020. NCDRC by the said judgment and order has partly allowed the complaint of the respondent and directed the appellant to refund within 2 months an amount of Rs.7,16,41,493/- (Rupees Seven Crore Sixteen Lakh Forty One Thousand Four Hundred and Ninety Three only) along with delay compensation @ 6% per annum from the respective dates of deposits till its payment, failing which the rate of interest payable would stand increased to 9% per annum.(para 02)
The supreme court held that the complaint of the respondents was maintainable and that since the services rendered by the appellant was held to be deficient. It has thus rightly issued directions to refund the forfeited amount of Rs. 7,16,41,493/- along with the delay compensation @ 6% per annum from the date of deposit till refund within two months, failing which the interest would be payable @ 9% per annum.
The appellant was directed to refund a sum of Rs. 3,00,00,000/- (Rupees Three Crore only) out of the total amount, as directed to be refunded, within a period of two weeks from today and the balance be refunded on or before 31st December, 2024 either in lump sum or in piecemeal, failing which it will be open for the Collector concerned to recover the entire amount as arrears of land revenue.
Decision of the Judgment
The present appeal thus lacks merit and is dismissed with no order as to costs.
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