RAVINDER SINGH CHANA versus KHANNA PROPERTIES AND INFRASTRUCTURES PVT. LTD.

RAVINDER SINGH CHANA versus KHANNA PROPERTIES AND INFRASTRUCTURES PVT. LTD.

The National Commission was in error in partially reversing the State Commission; therefore the National Commission's order is set aside and the State Commission order dated 15.10.2020 directing refund of Rs.21,18,000/- with 9% simple interest from 19.01.2015 and Rs.5,000 as litigation expenses is restored; respondent to pay/refund the amount within two months.

Parties
Appellant: Ravinder Singh Chana; Respondent: Khanna Properties and Infrastructures Pvt. Ltd.
Jurisdiction
India
Judgment Date
24 August 2022
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court (leave Granted)
Outcome
Order of the National Consumer Disputes Redressal Commission set aside; State Commission order restored
Legal Topics
Refund, Interest, Consumer Commission Orders, Appeal
Consumer Protection Refund Interest Consumer Commission Orders Appeal

Case Brief

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Parties

Ravinder Singh Chana

Appellant

Khanna Properties and Infrastructures Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court (leave Granted)

Legal Issues

  1. 1 Whether the National Consumer Disputes Redressal Commission erred in partially reversing the State Commission order directing refund of the full deposit amount with interest
  2. 2 Whether the respondent is liable to refund Rs.21,18,000/- with interest as directed by the State Commission

Ratio Decidendi

The National Commission was in error in partially reversing the State Commission; therefore the National Commission's order is set aside and the State Commission order dated 15.10.2020 directing refund of Rs.21,18,000/- with 9% simple interest from 19.01.2015 and Rs.5,000 as litigation expenses is restored; respondent to pay/refund the amount within two months.

Court Disposition

Order of the National Consumer Disputes Redressal Commission set aside; State Commission order restored

Orders

  • Order of the National Commission impugned herein is set aside.
  • Order of the M.P. State Consumer Dispute Redressal Commission dated 15.10.2020 is restored.