Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1969 Monopolies and Restrictive Trade Practices Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Monopolies and Restrictive Trade Practices Act, 1969 - s. 55-Appeal under - Scheme for allocation of self financingsociety flats - Rejection of allotment offer by respondent-allottee - Refund of registration amount along with 7% interestin terms of the offer document - However, respondentclaiming interest@ 15% pa in place of 7% pa - Respondent's case that interest paid on registration amount was less thanthe rate at which the applicants are to be charged in case ofdelay/default-Award of interest@ 12% pa on the registrationamount as also Rs.5,0001- towards litigation charges byCommission - Correctness of- Held: Order passed by theCommission is against law and unjustified - Commissionerred in compensating the respondent with a higher rate ofinterest - In absence of relevant pleadings and evidence itcannot be presumed that appellant resorted to any unfairtrade practice or increased its price unreasonably or madeunreasonable earnings by investing the registration amountin accounts bearing higher interest - Relevant provision inthe Brochure of the scheme by itself does not appear to beunreasonable in allowing interest@ 7% p.a. - Order passedby the Commission set aside. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 501 |
Petitioner | Delhi Development Authority |
Respondent | P.r. Samanta |
SCR | [2015] 8 S.C.R. 776 |
Judgement Date | 2015-07-29 |
Case Number | 3 |
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