Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Payment of interest on instalments Competition Act 2002 Monopolies and Restrictive Trade Practices Act 1969 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) Competition Act, 2002 (12 of 2003) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Competition Act, 2002 – Monopolies and Restrictive Trade Practices Act, 1969 – Code of Civil Procedure, 1908 – Payment of interest on instalments towards allotment of a flat under construction which was ultimately cancelled – Competition Appellate Tribunal (“COMPAT”) held that complainant eligible for interest of 15% p.a. from 1st May 2005 (when allotment was cancelled) to 7th May 2016 (when pay order was revalidated and cumulative instalment amount was credited to the account of the complainant) – Builder argued that complainant had filed ‘original’ pay order (issued in 2005) before the COMPAT, and not intimated builder, hence amount was deducted from builder’s account in 2005 itself, and never credited back – Impleaded Citibank averred that this contention was correct, and submitted that the amount was credited to the ‘Unclaimed Sundry Amount’ as instructed by Reserve Bank of India, where it remained for the eleven years in question – Builder thus contended that it had discharged its liability under Order XXI of the CPC. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 89 |
Petitioner | K. L. Suneja & Anr |
Respondent | Dr. (mrs.) Manjeet Kaur Monga (d) Through Her Lr & Anr |
SCR | [2023] 1 S.C.R. 1079 |
Judgement Date | 2023-01-31 |
Case Number | 1401 |
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