(K.M. Joseph and S. Ravindra Bhat, JJ.)
Dr. Ramakrishna Velamati and Another ______________ Appellant(s);
v.
Maruthi Corporation Ltd. and Another _______________ Respondent(s).
Civil Appeal No. 5614 of 2015, decided on July 29, 2021
The Order of the court was delivered by
Order
1. This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission by which complaint filed by the appellant came to be disposed of as follows:
“Keeping in view, the facts and circumstances of the case and huge delay, we direct the OPs to complete the construction, within three months and put the complainants in possession of the said premises, along with sanctioned site plan and completion certificate from the competent authority, otherwise complainants will be compensated by the OPs by paying penalty in the sum of Rs. 5,000/- per day, till the complainants are put in possession of the Villa in dispute, as per agreement. It is further ordered that if the OPs are unable to give the Villa, within a period of 6 months from today, they will return the entire amount to the complainants, in the sum of Rs. 1,46,16,217, along with interest @ 18 % p.a., from the date of receipt of the sum, periodically, till payment. OPs have left no stone unturned in leading the gullible persons, up the garden path. We therefore, impose compensation/costs on the OPs, in the sum of Rs. 2,00,000/-, which will be paid to the complainants, within 90 days from the date of receipt of copy of this order, otherwise, it will carry interest @ 18% p.a., till realization.”
2. Feeling aggrieved by it, the present appeal has been filed. According to the appellants, the Commission should have directed refund of the amount and should have granted the prayer as sought for. According to the appellants, construction was not completed and the appellants do not want the building. According to the respondents, construction has been completed and it is contended that there is occupancy certificate also.
3. After hearing the parties, we are of the view that in the facts of this case, in the interest of justice, the following order be passed:
(1) The respondents will refund the amount of Rs. 1,46,16,217/- along with 9 per cent interest per annum from the date of receipt of the amount within a period of one year in the following manner:
The amount will be repaid in four quarterly installments. The first of the installments shall be paid by 25th August, 2021. The next installment will be paid after three months, i.e., 24th November, 2021, and likewise, the third by 24th February, 2022, and the fourth, by 24th May, 2022.
(2) The appellants will transfer the property which is the subject matter of the present appeal to the respondents upon the respondents paying the second installment in terms of the present order. This will be done within a period of two weeks from the receipt of the second installment.
(3) We further make it clear that should the respondents default in the payment of two consecutive installments as aforesaid, the appellants will be free to recover the amount as directed by the Commission, viz., the remaining amount to be paid with 18 per cent interest.
4. The appeal is disposed of as above.
5. No orders as to costs.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Civil Appeal No. 5614/2015
Dr. Ramakrishna Velamati & Anr.….Appellant(s)
v.
M/s. Maruthi Corporation Ltd. & Anr.….Respondent(s)
(With IA No. 69114/2017 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 3/2015 – PERMISSION TO FILE ANNEXURES and IA No. 1/2015 – STAY APPLICATION)
Date : 29-07-2021 This matter was called on for hearing today.
(Before K.M. Joseph and S. Ravindra Bhat, JJ.)
For Appellant(s) Mr. V. Giri, Sr. Adv.
Mr. Yunus Malik, Adv.
Mr. Manav Vohra, Adv.
Mr. Amith Krishnan, Adv.
Mr. Anish Maheshwari, Adv.
Mr. Aman Malik, Adv.
Ms. Rajeeta Raj, Adv.
Ms. Khushali, Adv.
Mr. Sanjeev Agarwal, AOR
For Respondent(s) Ms. Meenakshi Arora, Sr. Adv.
Mr. Judy James, Adv.
Mr. Atishi Dipankar, AOR
Mr. P. Venkat Reddy, Adv.
Mr. Prashant Tyagi, Adv.
Mr. P. Srinivas Reddy, Adv.
M/s. Venkat Palwai Law Associates, AOR
UPON hearing the counsel the Court made the following
ORDER
6. The appeal is disposed of in terms of the signed order.
7. Pending applications stand disposed of.
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