VidhiSangh

Supreme Court of India · 31/01/2023

K. L. SUNEJA & ANR versus DR. (MRS.) MANJEET KAUR MONGA (D) THROUGH HER LR & ANR

[2023] 1 S.C.R. 1079 · 2023 INSC 89

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A developer cancelled a flat allotment in 2005 and sent the buyer a pay order refunding her deposits. She returned it, received it back and filed it with her MRTP complaint without seeking any order, so it lay unencashed until 2016. Earlier proceedings had awarded 15 per cent compound interest up to 30 April 2005. On remand, the NCLAT added the same interest from 2005 to 2016. The Supreme Court set that aside. Once the developer tendered the refund by a pay order debited from its account, interest ceased, by analogy with Order XXI Rule 1 CPC. The buyer had failed to protect her interest, and the earlier period was concluded.

Issues

  1. Whether a developer who refunded the deposits by a pay order drawn on its account, which the allottee kept unencashed and filed with her complaint, is liable to pay interest on that sum for the period after the tender.
  2. Whether the allottee could claim interest on her deposits from 1993 until actual realisation in 2016, when the earlier proceedings had already fixed compensation up to 30.04.2005.

Provisions considered

Held

Result

Developer's Civil Appeal No. 1401 of 2019 allowed and the NCLAT order dated 19.12.2018 awarding further compound interest from 01.05.2005 to 07.05.2016 set aside; allottee's Civil Appeal No. 4530 of 2019 dismissed; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 1079.