EXPERION DEVELOPERS PVT. LTD versus SUSHMA ASHOK SHIROOR

EXPERION DEVELOPERS PVT. LTD versus SUSHMA ASHOK SHIROOR

The National Commission was correct in holding the apartment buyer agreement clauses to be one-sided and constituting unfair trade practice; consumer fora under Section 14 of the Consumer Protection Act, 1986 have jurisdiction to direct refund of amounts paid with interest; the Consumer Protection Act and the RERA Act provide concurrent remedies and must be read harmoniously; interest on directed refund is payable from the dates of deposit and the rate of 9% p.a. awarded by the Commission is upheld

Parties
Appellant / Developer: Experion Developers Pvt. Ltd.; Respondent / Consumer: Sushma Ashok Shiroor
Jurisdiction
India
Judgment Date
07 April 2022
Procedural Posture
Civil Appeal Under Section 23 of the Consumer Protection Act, 1986 / Final Judgment on Appeal
Outcome
Civil Appeal No.6044 of 2019 (by Experion Developers Pvt. Ltd.) dismissed; Civil Appeal No.7149 of 2019 (by the Consumer) allowed in part
Legal Topics
Refund With Interest, Unfair Trade Practice, One Sided Contract, Jurisdiction of Consumer Fora, Harmonious Construction of Statutes
Consumer Protection Act, 1986 Real Estate (regulation and Development) Act, 2016 Contract Law Statutory Interpretation Refund With Interest Unfair Trade Practice One Sided Contract Jurisdiction of Consumer Fora +1 more

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Parties

Experion Developers Pvt. Ltd.

Appellant / Developer

Sushma Ashok Shiroor

Respondent / Consumer

Procedural Posture

Civil Appeal Under Section 23 of the Consumer Protection Act, 1986 / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the terms of the Apartment Buyers Agreement amount to an 'unfair trade practice' and whether the Commission was justified in not giving effect to the terms of the Agreement as laid down in Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghvan
  2. 2 Whether the National Consumer Disputes Redressal Commission has power under the Consumer Protection Act, 1986 to direct refund of amounts deposited by a consumer with interest
  3. 3 Whether the relief granted by the Commission requires modification to serve the ends of justice

Ratio Decidendi

The National Commission was correct in holding the apartment buyer agreement clauses to be one-sided and constituting unfair trade practice; consumer fora under Section 14 of the Consumer Protection Act, 1986 have jurisdiction to direct refund of amounts paid with interest; the Consumer Protection Act and the RERA Act provide concurrent remedies and must be read harmoniously; interest on directed refund is payable from the dates of deposit and the rate of 9% p.a. awarded by the Commission is upheld

Court Disposition

Civil Appeal No.6044 of 2019 (by Experion Developers Pvt. Ltd.) dismissed; Civil Appeal No.7149 of 2019 (by the Consumer) allowed in part

Orders

  • The Appellant-Developer shall refund Rs.20641379 to the Respondent-Consumer with interest @ 9% p.a.
  • Interest on the refund shall be payable from the dates of deposit of the respective amounts