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GRIHA PRAVESH BUILD TECK PVT LTD v. SURESH CHANDER SHARMA

Supreme Court of India | Diary 41360/2023

Status

Order

Decided On

2024-12-03

Bench

HON'BLE MR. JUSTICE MANOJ MISRA, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Petitioner

GRIHA PRAVESH BUILD TECK PVT LTD

Respondent

SURESH CHANDER SHARMA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 33 OF 2024

GRIHA PRAVESH BUILD TECK PVT LTD ...Appellant(s)

Vs.

SURESH CHANDER SHARMA ...Respondent(s)

WITH

CIVIL APPEAL No. 929 OF 2024

CIVIL APPEAL No. 34 OF 2024

O R D E R

1. These appeals are against the common order passed by the

National Consumer Disputes Redressal Commission (for short, ‘the

Commission’) in Consumer Case No. 3617 of 2017 and connected

matters dated 06.09.2023. The common grievance of the appellant a

real estate developer is confined to the direction to pay interest

for the period between 14.08.2013 to 19.08.2015 despite

recognition of the said period as Zero period due to court orders

suspending projects within a 10 km radius of the Okhla Bird

Sanctuary.

2. Mr. Anupam Lal Das, learned senior counsel appearing for the

appellant(s) has submitted that for three specific reasons, the

Commission should not have granted interest for the said period.

1

3. At the first place, he would rely on the order dated

28.10.2013 passed by the National Green Tribunal in Application

No. 158/2013 titled as Amit Kumar vs. U.O.I. & Ors. because of

which the appellant was disabled from proceeding with the

development of the project. The relevant portion of the order is

as under;

“5. We make it clear that all the building constructions made within 10 km radius of...

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