MANU/SCOR/63408/2022

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4567 of 2022
Date of Order: 18.07.2022
Appellants: Landmark Apartments Pvt. Ltd.
Vs.
Respondent: Sonia Ahluwalia & Anr.
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and A.S. Bopanna, JJ.
ORDER
1 The appeal arises from a judgment of the National Consumer Disputes Redressal
Commission1 dated 8 October 2021.
2 In terms of an MOU dated 11 May 2012, the appellant agreed that possession of the
commercial unit which was agreed to be sold to the respondent would be handed over
by 11 May 2015. Though possession is alleged to have been offered on 8 June 2015, it
is undisputed that the occupation certificate was received from the Department of Town
and Country Planning of the State of Haryana after the complaint was filed on 26
December 2018. In other words, there was no valid offer of possession in the absence
of an occupation certificate. In terms of the agreement, the appellant was required to
provide a return on investment to the purchaser. According to the appellant, the return
on investment was paid in the total amount of Rs 26, 41, 772 up to June 2015. No
return on investment was admittedly paid thereafter.
3 In this backdrop, the judgment of the NCDRC dated 8 October 2021 for the refund of
the consideration with interest cannot be faulted. However, some 1 NCDRC Âconcession
ought to be extended to the appellant in regard to the rate of interest. The NCDRC has
awarded delayed compensation of ten per cent. In our view, the ends of justice would
be met by reducing the quantum of delayed compensation to nine per cent conditional
on the appellant paying the entire amount computed on that basis to the respondents on
or before 31 August 2022. In the event that the appellant fails to do so, the order of the
NCDRC will stand without modification.
4 Since we have passed the above order without issuing notice to the respondents, we
leave it open to the respondents to move this Court in appropriate proceedings if they
are not agreeable to the reduction of interest from ten per cent to nine per cent, as
directed by this Court.
5 However, the appellant shall not in any circumstance fail to comply with the direction
for refund of the consideration, together with interest at nine per cent, to the
respondents by 31 August 2022, failing which the original rate of interest, as awarded
by the NCDRC, shall stand.
6 Subject to the aforesaid modification, the appeal is disposed of.
7 Pending application, if any, stands disposed of.

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