w w w . L a w y e r S e r v i c e s . i n



MK. Abdul Saleem v/s M/s. SRK Shelters Ltd. Rep. By Its Cmd, K.R. Malik, (SRK Constructions Formerly), Skywings, Edachira Kakkanand, Ernakulam & Others


Company & Directors' Information:- C & C CONSTRUCTIONS LIMITED [Active] CIN = L45201DL1996PLC080401

Company & Directors' Information:- C P R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC057937

Company & Directors' Information:- S S V SHELTERS PRIVATE LIMITED [Active] CIN = U70200KA2011PTC059869

Company & Directors' Information:- G K SHELTERS PRIVATE LIMITED [Active] CIN = U45201KA2007PTC042724

Company & Directors' Information:- J P G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC124763

Company & Directors' Information:- M. S. SHELTERS PRIVATE LIMITED [Active] CIN = U70102KA2007PTC043190

Company & Directors' Information:- B O CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U00000DL2000PTC103440

Company & Directors' Information:- V R G CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45208TN2013PTC090378

Company & Directors' Information:- I P CONSTRUCTIONS PVT LTD [Active] CIN = U45201DL2005PTC141372

Company & Directors' Information:- D N R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200TG2011PTC074563

Company & Directors' Information:- D A P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201WB1997PTC086056

Company & Directors' Information:- M R CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1987PTC041958

Company & Directors' Information:- R K SHELTERS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC162195

Company & Directors' Information:- A K SHELTERS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC140846

Company & Directors' Information:- S V P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U15100KA2013PTC072347

Company & Directors' Information:- S V SHELTERS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC057129

Company & Directors' Information:- C L S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074067

Company & Directors' Information:- M K SHELTERS PRIVATE LIMITED [Active] CIN = U45200MH2005PTC156666

Company & Directors' Information:- S M S SHELTERS PRIVATE LIMITED [Active] CIN = U45201TZ2003PTC010600

Company & Directors' Information:- V K SHELTERS PRIVATE LIMITED [Converted to LLP] CIN = U70102MH2010PTC209685

Company & Directors' Information:- H M R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U27209WB1944PTC011901

Company & Directors' Information:- N B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC153179

Company & Directors' Information:- V P V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202TZ2002PTC010021

Company & Directors' Information:- P K CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202WB1990PTC048623

Company & Directors' Information:- D B S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201BR1990PTC003954

Company & Directors' Information:- P R P CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1995PTC032833

Company & Directors' Information:- N S CONSTRUCTIONS (INDIA) LIMITED [Active] CIN = U70101DL1997PLC088867

Company & Directors' Information:- B B CONSTRUCTIONS LTD [Active] CIN = U70101WB1988PLC045084

Company & Directors' Information:- SALEEM (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51909TN2000PTC045546

Company & Directors' Information:- S I A CONSTRUCTIONS PVT LTD [Active] CIN = U45202WB1993PTC061189

Company & Directors' Information:- P H CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2004PTC125388

Company & Directors' Information:- R MALIK AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024986

Company & Directors' Information:- S M C CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201MH2000PTC123619

Company & Directors' Information:- S B M SHELTERS PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066645

Company & Directors' Information:- T AND P CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45309PN2020PTC191603

Company & Directors' Information:- R K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U24248UP1984PTC006613

Company & Directors' Information:- H V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2008PTC183930

Company & Directors' Information:- MALIK AND CO. (P) LTD. [Active] CIN = U52190HR1998PTC033876

Company & Directors' Information:- A N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC035171

Company & Directors' Information:- D N CONSTRUCTIONS PVT LTD [Active] CIN = U45203AS1983PTC002024

Company & Directors' Information:- P S V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45209TG2009PTC064768

Company & Directors' Information:- V B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1997PTC027406

Company & Directors' Information:- M R Y CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2008PTC172953

Company & Directors' Information:- V S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201KA1980PTC003939

Company & Directors' Information:- S D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR2010PTC012083

Company & Directors' Information:- M. G. B. CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400DL2015PTC281859

Company & Directors' Information:- V N CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Active] CIN = U45200KA2015PTC083425

Company & Directors' Information:- R D S CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45202PN2001PTC016041

Company & Directors' Information:- G. A. SHELTERS PRIVATE LIMITED [Strike Off] CIN = U45201UP2005PTC030964

Company & Directors' Information:- T R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC161605

Company & Directors' Information:- J B J CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130303

Company & Directors' Information:- A I B CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45309KA2021PTC146378

Company & Directors' Information:- A AND V CONSTRUCTIONS PVT LTD [Strike Off] CIN = U65992TG1987PTC007890

Company & Directors' Information:- P D R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U72100KA1986PTC007383

Company & Directors' Information:- J N D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL1997PTC088802

Company & Directors' Information:- P. R. CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45202MP1982PTC002078

Company & Directors' Information:- J AND T CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG1999PTC031067

Company & Directors' Information:- J. P. CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45202CT2007PTC020304

Company & Directors' Information:- U G SHELTERS PRIVATE LIMITED [Strike Off] CIN = U45206TN2013PTC093549

Company & Directors' Information:- B M S SHELTERS PRIVATE LIMITED [Strike Off] CIN = U45403KA2011PTC056818

Company & Directors' Information:- L S CONSTRUCTIONS INDIA PRIVATE LIMITED [Active] CIN = U45202KA2012PTC063895

Company & Directors' Information:- C R SHELTERS PRIVATE LIMITED [Active] CIN = U45205KA2014PTC072945

Company & Directors' Information:- G D CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201WB1985PTC039687

Company & Directors' Information:- M C CONSTRUCTIONS PVT LTD [Strike Off] CIN = U70101WB1985PTC039150

Company & Directors' Information:- B A CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201PB2002PTC024960

Company & Directors' Information:- A S D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125030

Company & Directors' Information:- P K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45200AP1987PTC008025

Company & Directors' Information:- G K CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201AS1988PTC003035

Company & Directors' Information:- H H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022610

Company & Directors' Information:- S B SHELTERS PRIVATE LIMITED [Converted to LLP] CIN = U45200MH2005PTC153269

Company & Directors' Information:- R R CONSTRUCTIONS PVT LTD [Strike Off] CIN = U74210OR1989PTC002234

Company & Directors' Information:- C K SHELTERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U70109MH2002PTC135636

Company & Directors' Information:- B. K. SHELTERS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109MH2010PTC204211

Company & Directors' Information:- S. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101MH2003PTC139538

Company & Directors' Information:- R . C . S . CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U36911UP1999PTC024964

Company & Directors' Information:- U R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400WB2007PTC120032

Company & Directors' Information:- D & T SHELTERS PRIVATE LIMITED [Strike Off] CIN = U45200BR2013PTC021003

Company & Directors' Information:- U E CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201KA2002PTC030635

Company & Directors' Information:- H A SHELTERS PRIVATE LIMITED [Strike Off] CIN = U45201KA2009PTC050425

Company & Directors' Information:- U D CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201OR1990PTC002649

Company & Directors' Information:- C & A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201TN1989PTC017300

Company & Directors' Information:- R S S CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202JH1990PTC003927

Company & Directors' Information:- B J CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH1972PTC015731

Company & Directors' Information:- S A K CONSTRUCTIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC055386

Company & Directors' Information:- L & I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UR2006PTC032334

Company & Directors' Information:- A.T. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201UP1990PTC011951

Company & Directors' Information:- P B R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC028800

Company & Directors' Information:- I R CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45201DL1996PTC084160

Company & Directors' Information:- Y P S CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1993PTC013953

Company & Directors' Information:- A. W. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200MP2009PTC022110

Company & Directors' Information:- SRK SHELTERS PRIVATE LIMITED [Under Liquidation] CIN = U45200PN2009PTC135216

Company & Directors' Information:- I. N. CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003931

Company & Directors' Information:- V M K SHELTERS PRIVATE LIMITED [Strike Off] CIN = U45200MH2005PTC157667

Company & Directors' Information:- N. M. CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC067227

Company & Directors' Information:- D F CONSTRUCTIONS PVT LTD [Strike Off] CIN = U45201CH1991PTC011820

Company & Directors' Information:- N K SHELTERS PRIVATE LIMITED [Active] CIN = U45300DL2008PTC180099

Company & Directors' Information:- I S K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45202TN2006PTC059103

Company & Directors' Information:- K R V CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400TN2010PTC075836

Company & Directors' Information:- K & H CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45400MH2011PTC218327

Company & Directors' Information:- M K CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200MH2000PTC127425

Company & Directors' Information:- J. D. SHELTERS PRIVATE LIMITED [Active] CIN = U70101MH2012PTC227114

Company & Directors' Information:- Q AND Q CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043373

Company & Directors' Information:- SALEEM CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC046865

Company & Directors' Information:- R D SHELTERS PRIVATE LIMITED [Active] CIN = U45200UP2007PTC032754

Company & Directors' Information:- S I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45209CH2014PTC035188

Company & Directors' Information:- R S A CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC193200

Company & Directors' Information:- B B R L CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2011PTC217588

Company & Directors' Information:- M AND R CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400DL2012PTC243738

Company & Directors' Information:- P K SHELTERS PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC208269

Company & Directors' Information:- M P SHELTERS PRIVATE LIMITED [Strike Off] CIN = U70101DL2010PTC207654

Company & Directors' Information:- A S P SHELTERS PRIVATE LIMITED [Strike Off] CIN = U70101DL2010PTC208165

Company & Directors' Information:- R P T CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U45200AP2007PTC055960

Company & Directors' Information:- Y & M CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044664

Company & Directors' Information:- M P K CONSTRUCTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201KA2001PTC029100

Company & Directors' Information:- K R SHELTERS PRIVATE LIMITED [Active] CIN = U45205KA2012PTC066554

Company & Directors' Information:- H K G N CONSTRUCTIONS PRIVATE LIMITED [Active] CIN = U74210KA2003PTC032055

Company & Directors' Information:- M M SHELTERS PRIVATE LIMITED [Active] CIN = U45500MH2020PTC341230

Company & Directors' Information:- R B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70102AP1989PTC010527

Company & Directors' Information:- V N V CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70101DL1992PTC050037

Company & Directors' Information:- U AND I CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U99999MH2000PTC129703

Company & Directors' Information:- H B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U70100MH1974PTC017866

Company & Directors' Information:- D B CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC053917

Company & Directors' Information:- A R H CONSTRUCTIONS PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155870

    First Appeal No. 162 of 2015

    Decided On, 25 July 2019

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Appellant: Jai Raj Mudgal , Advocate. For the Respondents: R1 & R2, Smitakshi Talukdar, Advocate, R3, Ex-parte.



Judgment Text

This first appeal has been filed by the appellant MK Abdul Saleem against the order dated 31.10.2014 of the State Consumer Disputes Redressal Commission, Kerala, (in short ‘the State Commission’) passed in CC No.74/2012.

2. Brief facts of the case are that appellant/ complainant booked a flat with the respondents/opposite parties. He entered into an agreement on 19.7.2007 and respondents/opposite parties agreed to deliver the possession by September, 2009. Total sale consideration was Rs.34,98,380/-. As on 16.12.2008, total sum of Rs.27,73,568/- was already paid by the complainant. Date of possession was unilaterally changed by the opposite parties several times and finally announced to hand it over in December, 2011. Complainant had availed huge loan for investment in flat and due to no hope of the completion of the project, complainant suffered heart attack. Ultimately, appellant/complainant decided to withdraw from the project, on 15.10.2012, he requested respondents/opposite parties to return the amount paid. On 18.11.2012, the respondents/opposite parties declined to refund the amount. Hence, the complainant filed a consumer complaint before the State Commission.

3. The complaint was resisted by the respondents/opposite parties on the ground that they agreed that there was delay in their work due to financial problems, but they mentioned that whole project will be completed by December, 2013, but as complainant demanded refund, they have already paid off the bank loan availed by the complainant with interest and now only Rs.5,33,440/- paid by the complainant in cash remains to be refunded to him. The State Commission passed the following orders vide order dated 31.10.2014:-

“In the result, the first opp.party is directed to pay interest to the complainant for the sum of Rs.5,43,440/- at the rate of 9% per annum from the date of receipt till date of payment. The first opp.party is also directed to pay compensation of Rs.2,00,000/- and cost of Rs.10,000/- to the complainant for the deficiency in service committed by them. The order shall be complied with within one month from the date of this order failing which the compensation amount would carry interest at the rate of 9% per annum.”

4. Hence the present appeal.

5. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 & 2. Respondent No.3 was proceeded ex-parte vide order dated 22.01.2018.

6. The learned counsel for the appellant stated that the flat was booked by paying Rs.5,43,440/- in cash. Later on Rs.22,30,128/- was paid by complainant through Federal Bank Housing loan. Extended possession was due by December, 2011, however, the flat was not ready till December, 2012. No offer of possession was given, therefore, the complainant requested for refund of the paid amount. The opposite parties first refused to refund the amount. However, the opposite parties refunded the total loan amount of Rs.22,30,128/- to the bank and the loan account was closed on 24.09.2013. However, the amount of Rs.5,43,440/- was not refunded to the complainant. When the complaint was filed, after the order of the State Commission, this amount was also refunded without any interest. The opposite parties remitted Rs.5,43,440/- on 22.10.2013. In the final order passed by the State Commission, though the State Commission has given interest on this amount, however, the State Commission has not considered the payment of Rs.14,02,876/-, which was the interest and other charges paid to the bank by the complainant before the loan account was closed. This is clear from the statement of account issued by the Federal Bank dated 24.10.2013 wherein at the end of the account statement, interest and other charges Rs.14,02,876/- is mentioned. Thus, apart from the interest on Rs.5,43,440/-, complainant is also entitled to Rs.14,02,876/- as interest and other charges which have been paid by the complainant to the Federal Bank. In fact the amount of Rs.22,30,128/- was transferred to the opposite parties from 15.09.2008 till 01.1.2009. Hence EMI was to start from 15.4.2010 and since then, the complainant has paid all the EMIs and the loan has been closed by opposite parties by paying only the principal amount of Rs.22,30,128/-. Thus, all the interest burden has been suffered by the complainant. It was further argued by the learned counsel that the State Commission awarded only 9% p.a. interest on the amount of Rs.5,43,440/- whereas the trend in most of the cases of refund is to refund with interest @18% p.a. It was requested that the rate of interest be increased from 9% p.a. to 18% pa.

7. On the other hand, learned counsel for the opposite parties stated that the complainant is not a consumer and he is an investor, who lives in Dubai and invested money in India. Learned counsel further stated that this point was not raised before the State Commission, however, he is raising this point in appeal. Learned counsel further stated that all the bank loan of the complainant has been repaid by the opposite parties and the loan account of the complainant has been closed. The amount paid by the complainant was also remitted to the complainant though without interest. The opposite parties are ready to pay interest @9% p.a. as ordered by the State Commission as no appeal has been filed by the opposite parties. It was argued by the learned counsel that when total loan account has been closed after repaying total loan amount, the opposite parties are not liable to pay amount of Rs.14,02,876/- as interest and other charges.

8. I have carefully considered the arguments advanced by the learned counsel for the parties and have examined the record. The State Commission has allowed the refund of Rs.5,43,440/-. Recently, the Hon’ble Supreme Court in Kolkata West International Pvt. Ltd. Vs. Deva Asis Rudra, II (2019) CPJ 29 (SC) has reduced the rate of interest of 12% p.a. granted by this Commission to 9% p.a. on the amount of refund and therefore, there is no justification in the request of the appellant that the interest rate may be increased. The interest rate @9% p.a. on the amount of refund is quite reasonable looking at rate of interest prevailing in the banks.

9. It is true that the complainant has paid interest in the form of EMI to the bank along with other charges before closure of the loan account. It is mentioned that Rs.14,02,876/- has been paid as interest and other charges. It is also seen from the loan account that on certain occasions there are certain charges which are mentioned and may be related to delay in EMI payment etc. As this is a case of refund and the money has remained with the opposite parties from 01.01.2009 till 24.09.2013 and the complainant was paying EMIs during this period, the complainant is definitely entitled to interest on the amount, as observed by the Hon’ble Supreme Court in Alok Shanker Pandey Vs. Union of India &Ors., II (2007) CPJ 3 (SC), wherein the following has been held:-

“9. It may be mentioned that there is misconception about interest. Interest is not a penalty or punishment at all, but it is the normal accretion on capital. For example if A had to pay B a certain amount, say 10 years ago, but he offers that amount to him today, then he has pocketed the interest on the principal amount. Had A paid that amount to B 10 years ago, B would have invested that amount somewhere and earned interest thereon, but instead of that A has kept that amount with himself and earned interest on it for this period. Hence equity demands that A should not only pay back the p

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rincipal amount but also the interest thereon to B.” 10. On the basis of the above discussion, the first appeal No.162 of 2015 is partly allowed and the respondent No.1/opposite party No.1 is directed to pay interest @9% p.a. on the amount of Rs.22,30,128/- from 01.01.2009 till 23.9.2013. However, as the interest is being awarded on the total amount of refund without any deduction of any earnest money, there is no justification for award of compensation of Rs.2,00,000/-. Hence, the order of the State Commission in respect of award of Rs.2,00,000/- as compensation is set aside, though the award of interest 9% p.a. on the amount of Rs.5,43,440/- and the award cost of litigation Rs.10,000/- is maintained. The order be complied with by the respondent No.1/opposite party No.1 within 45 days from the date of receipt/service of this order.
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