Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Consumer Protection Act, 1986 – s.23 – Two consumersbooked one residential flat each in a building project, whichappellant was to construct – Separate agreements in the year 2012were entered into, by both the consumers with appellant – Possessionof flats was to be delivered by August 2014 – Though sum ofRs.85,86,911/- had been deposited in respect of each flat, nopossession was delivered by the appellant by August 2014 – Thetwo consumers filed separate complaints against the appellant –During the pendency of the matters, the possession of flats wasoffered by the appellant vide letter dated 16.11.2016 and whichwas subsequently taken by the complainants – Commission, inter-alia, directed appellant to pay compensation in the form of simpleinterest @ 8% p.a. on the amount paid by the consumers/complainants, w.e.f. 01.09.2014 till the date on which the possessionwas actually delivered to complainant – Appellant contended thatthe time lost between 21.12.2012 till 07.05.2013 was on account ofmandatory requirement for re-submission of plans, therefore, theappellant was entitled to have that period extended – On appeal,held: The period between 21.12.2012 to 07.05.2013 was completelyexplained by the appellant, as it was mandatorily required to re-submit the plans and get fresh NOC in respect of fire safetypermission – Thus, out of the period between August, 2014 till16.11.2016, the appellant was entitled to have a period of 6 monthsof extension as per the agreements – Deposited sum in either casewas Rs.85,86,911/- – Interest @ 8% p.a. awarded on the depositedamount by the Commission for the remaining period of one yearand 8 months was in region of Rs. 11.4 lakhs – Considering theentirety of the matter, instead thereof, lumpsum compensation ofRs.5 lakhs to be paid to the complainants in respect of each case. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 1108 |
Petitioner | Cci Projects (p) Ltd. |
Respondent | Vrajendra Jogjivandas Thakkar |
SCR | [2018] 14 S.C.R. 213 |
Judgement Date | 2018-11-27 |
Case Number | 6784-6785 |
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