Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation: Complaint against builder - Before Competition Appellate Tribunal alleging that cancellation of house allotment by the builder was arbitrary illegal and capricious - Seeking possession of the flat - Tribunal awarded compensation by invoking s.12-B of 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 Disposed Off |
Headnote | Compensation: Complaint against builder - Before Competition Appellate Tribunal alleging that cancellation of house allotment by the builder was arbitrary, illegal and capricious - Seeking possession of the flat - Tribunal awarded compensation by invoking s.12-B of Monopolies and Restrictive Trade Practices Act directing to pay the entire amount deposited by the complaint (Rs.4,53,8501-) with compound interest @ 15% per annum from the date of deposit till the date of cancellation i.e. 30.4.2005 - On appeal, held: The amount @ 15% compound interest on the amount deposited was the compensation amount awarded u/s. 12B - The pay order (dated 30.4.2005) of the amount which the builder sent to the complainant with the cancellation order (which was not received by the complainant) was re-credited to the account of the builder only on 22.6.2016 - Matter remitted to the Tribunal with the direction that the Bank would be impleaded as party; that builder shall pay compensation @ 15% compound interest; and that the Tribunal io determine whether compensation was required to be paid ajfer 30.4.2005 and that whether the Bank was liable to pay any interest to the builder - Monopolies and Restrictive Trade Practices Act, 1969 - s.12B. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 637 |
Petitioner | Dr. Manjeet Kaur Monga (dead) Thr. Her Legal Heirs Karan Vir Singh Monga |
Respondent | K. L. Suneja & Ors. |
SCR | [2017] 6 S.C.R. 453 |
Judgement Date | 2017-07-18 |
Case Number | 5032-5033 |
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