High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Divorce Cannot Be Granted Merely on WhatsApp Chats: Bombay High Court Sets Aside Ex-Parte Decree Based on Unproved Electronic Evidence State Cannot Demand Settlement Amount Yet Withhold Legitimate Refund: Bombay High Court Strikes Down MVAT Settlement Order Surveyor’s Report Is Not Sacrosanct; Arbitral Award Ignoring Vital Evidence Is Perverse: Delhi High Court Sets Aside Insurance Arbitration Award When Victim Lives Under Exclusive Control Of Accused, Burden Shifts To Accused To Explain What Happened: Calcutta High Court Medical Evidence Clearly Indicating Suicide Cannot Be Overlooked, Prosecution Must Prove Homicidal Death Beyond Reasonable Doubt: Andhra Pradesh High Court 'Candidates Acted With Full Knowledge of Consequences': Kerala High Court Reverses Order for Refund of 10% Exit Fee in Medical PG Mop-Up Admissions Dispensing with Departmental Inquiry Without Material is Arbitrary: Supreme Court Sets Aside Dismissal of Delhi Police Constable Power Of Attorney Holder Authorized To Enforce Pre-Emption Right Can File Suit, Death Of Principal Does Not Bar Legal Heirs: Orissa High Court Government Servant Convicted In Criminal Case Can Be Dismissed Without Departmental Enquiry: Tripura High Court Upholds Teacher’s Dismissal RTI Cannot Be Used To Bypass Statutory Bar On Police Case Diaries: Punjab & Haryana High Court Sets Aside Penalty Against Police Officers Externment Cannot Be Based On Police Report And Stale Cases: Madhya Pradesh High Court Quashes District Magistrate’s Order Even Exonerated Accused Can Be Summoned During Trial: Punjab & Haryana High Court Upholds Summoning Under Section 358 BNSS Benefit of Doubt Acquittal Not Equal to Honourable Acquittal: Supreme Court Upholds Rejection of Police Constable Candidate Madras High Court Allows NEET-Failed Student To Appear In CBSE Class XII Mathematics Exam After Last-Minute Subject Switch By Parents Salary of Parents Cannot Be Used to Deny OBC Non-Creamy Layer Status in Absence of Post Equivalence: Supreme Court Father Who Rapes Minor Daughter Cannot Seek Leniency: Bombay High Court Upholds Life Imprisonment Construction Of Toilet Is Bare Necessity For Proper Use Of Premises, Expression "Own Use" Not Confined To Landlord's Personal Physical Use: Calcutta High Court 353 IPC | Conviction Cannot Rest On Uncorroborated Testimony Of Sole Witness When Other Evidence Contradicts Occurrence: Delhi High Court Upholds Acquittal 250 BNSS | 60-Day Discharge Period Is Procedural, Does Not Extinguish Accused's Right To Seek Discharge: Gujarat High Court Section 45 PMLA Cannot Become an Instrument of Endless Incarceration: Himachal Pradesh High Court Grants Bail in ₹18 Crore Scholarship Scam Case Land Acquisition — Heirs Who Slept on Rights for 23 Years Cannot Claim Ignorance to Revive Dead Challenge: Karnataka High Court Institutional Hearing Is No Violation of Natural Justice: Kerala High Court Upholds BPCL’s Termination of Decades-Old Petroleum Dealership Witnesses Not Expected To Recount Past Incidents With Mathematical Precision, Minor Contradictions Don't Demolish Credibility: Orissa High Court If a Suit Is Ex Facie Barred by Limitation, the Court Has No Choice but to Dismiss It: P&H High Court

In-depth analysis required before awarding compound interest: Supreme Court

07 May 2024 8:19 AM

By: Admin


On April 18, 2023, Supreme Court, in a case Pioneer Urban Land and Infrastructure Ltd. v. Swatanter Kumar, disapproved the award of compound interest without considering relevant factors such as uncertainties of the market and other imponderables. It held that if the Consumer Forum considered it proper to examine the time value of money, then an in-depth and thorough analysis would be required considering all the facts and material surrounding factors.

Facts : The booking of three flats by Swatanter Kumar/respondent with Pioneer Urban Land and Infrastructure Ltd. in the year 1989, which remained incomplete even after several years. Dissatisfied with the lack of progress in the project, Swatanter Kumar filed a complaint before the Consumer Forum seeking a refund of the amount paid with compound interest at the rate of 18% per annum. The Consumer Forum and the National Commission granted relief to Swatanter Kumar by awarding compound interest at the rate of 14% per annum.

Pioneer Urban Land and Infrastructure Ltd. challenged the orders passed by the Consumer Forum and the National Commission on several grounds, including the award of compound interest. The appellants contended that the award of compound interest was without any legal basis and had led to serious inconsistencies. On the other hand, the respondent argued that the excessive harassment and denial of the fruits of investment warranted the award of compound interest.

Contentions: The appellants argued that the respondent was not entitled to receive any compensation as she had not suffered any loss or injury. The respondent argued that her right to take possession of the flats was being infringed and that she was entitled to compensation. The appellants further argued that the State Commission's order was bereft of any reasoning and that no foundation existed for the award of compound interest. The respondent argued that the award of compound interest was necessary to compensate for the loss and harassment caused to her.

Observed and Held

Supreme Court opined that awarding compound interest without examining the relevant factors would be unjustified and arbitrary. It further observed that the State and National Commission had passed assumptive orders on the basis of the decision in Dr. Monga’s case, which had led to serious inconsistencies. The Court held that the award of compound interest had neither any foundation in the record nor any backing in law.

Supreme Court observed that the award of compound interest in the present case had neither any foundation in the record nor any backing in law, and the Consumer Fora had failed to examine the contours of their jurisdiction and the requirements of proper assessment. The Court disapproved the award of compound interest by the Consumer Fora in cases of the present nature and held that the award as made could only lead to the unjust enrichment of the respondent in the name of disgorgement of benefits purportedly derived by the appellants.

Supreme Court set aside the impugned orders of the State and National Commission, disapproved of the proposition of awarding compound interest in such matters, and allowed the respondent to retain the amount already received by her as an extraordinary measure, only due to the peculiar circumstances of the case. The Court further held that the appellants were not required to make any further payment to the respondent towards refund, compensation, or interest.

M/S SUNEJA TOWERS PRIVATE LIMITED & ANR.  VS  ANITA MERCHANT   

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/04/18-Apr-2023-SUNEJA-TOWERS-PRIVATE-LIMITED-Vs-Anita-Merchant.pdf"]

Latest Legal News