VidhiSangh

Supreme Court of India · 18/04/2023

M/S SUNEJA TOWERS PRIVATE LIMITED & ANR. versus ANITA MERCHANT

[2023] 5 S.C.R. 1092 · 2023 INSC 391

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Summary

An allottee who booked three flats in 1989 and paid 60% of the price never got possession; the builder purported to cancel and tendered a refund cheque in 2005, which she returned. Relying on Dr. Manjeet Kaur Monga v. K.L. Suneja, which arose from the same project under the MRTP Act, the State Consumer Commission directed refund with 14% compound interest from deposit and the National Commission affirmed. The Supreme Court disapproved the award: Dr. Monga's case held only that interest computed as ordered by COMPAT was 'compensation' under Section 12-B and laid down no ratio on compound interest; consumer fora may award reasoned compensation and punitive damages but not the shortcut of compound interest on refunds; and compounding could not have run beyond the refund offer of 8 November 2005. As an extraordinary measure she was allowed to retain the sums already received.

Issues

  1. Whether consumer fora under the Consumer Protection Act, 1986 can award compensation to a flat purchaser, deprived of possession and entitled to refund, in the form of compound interest on the amount deposited.
  2. Whether the Supreme Court's decision in Dr. Manjeet Kaur Monga v. K.L. Suneja, which left undisturbed COMPAT's award of 15% compound interest against the same builder, is a binding precedent for awarding compound interest.
  3. Whether compounding of interest, if at all permissible, could continue beyond the date on which the builder tendered a refund cheque that the purchaser returned.

Provisions considered

Held

Result

Appeals allowed; orders of the State Commission dated 12.03.2020 and of the National Commission dated 31.03.2022 awarding compound interest at 14% disapproved; the respondent permitted to retain Rs. 2,48,52,000 with accrued interest already received under this Court's interim order, but the appellants are not required to make any further payment towards refund, compensation or interest; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 1092.