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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14795 OF 2024 (Arising out of SLP (C) No. 23066 of 2023)
SONI TYAGI & ANOTHER … APPELLANT
VERSUS
M/s. FERROUS INFRASTRUCTURE PVT. LTD. & ANR. … RESPONDENTS
O R D E R
1. Leave granted.
2. Against the order of National Consumer Disputes Redressal
Commission (in short, “NCDRC”) dated 3rd February, 2023 directing
refund along with interest @ 9% from the date of default in delivery of
possession, the present appeal has been filed.
3. Learned counsel of appellant has placed reliance on a three
Judge Bench decision in Experion Developers Private Limited Vs.
Sushma Ashok Shiroor [(2022) 15 SCC 286] and also the judgment
in DLF Homes Panchkula Private Limited Vs D.S. Dhanda & Ors.
[(2020) 16 SCC 318].
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4. Per contra, learned counsel for the respondent submits that the
judgment in the case of DLF Homes Panchkula Private Limited
(supra) is based on the consent given by the parties. Therefore, the
said judgment may not be treated as a precedent in the facts of this
case.
5. After hearing, in our view, the judgment of Sushma Ashok
Shiroor (supra) decides the principle on which the interest ought to be
paid by the developer. The analogy drawn was that the interest may
be payable on the amount deposited because such relief is
restitutionary and also compensatory. In our view, the amount as and
when deposited with the dev...