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K. L. SUNEJA & ANR vs. DR. (MRS.) MANJEET KAUR MONGA (D) THROUGH HER LR & ANR

SCR Citation: [2023] 1 S.C.R. 1079
Year/Volume: 2023/ Volume 1
Date of Judgment: 31 January 2023
Petitioner: K. L. SUNEJA & ANR
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2023 INSC 89
Judgment Delivered by: Hon'ble Mr. Justice S. Ravindra Bhat
Respondent: DR. (MRS.) MANJEET KAUR MONGA (D) THROUGH HER LR & ANR
Case Type: CIVIL APPEAL /1401/2019
Order/Judgment: Judgment
1. Headnote

Competition Act, 2002 – Monopolies and Restrictive Trade Practices Act, 1969 – Code of Civil Procedure, 1908 – Payment of interest on instalments towards allotment of a flat under construction which was ultimately cancelled – Competition Appellate Tribunal (“COMPAT”) held that complainant eligible for interest of 15% p.a. from 1st May 2005 (when allotment was cancelled) to 7th May 2016 (when pay order was revalidated and cumulative instalment amount was credited to the account of the complainant) – Builder argued that complainant had filed ‘original’ pay order (issued in 2005) before the COMPAT, and not intimated builder, hence amount was deducted from builder’s account in 2005 itself, and never credited back – Impleaded Citibank averred that this contention was correct, and submitted that the amount was credited to the ‘Unclaimed Sundry Amount’ as instructed by Reserve Bank of India, where it remained for the eleven years in question – Builder thus contended that it had discharged its liability under Order XXI of the CPC.

2. Case referred
3. Act
  • Competition Act, 2002 (12 of 2003)
  • Code of Civil Procedure, 1908 (5 of 1908)
  • Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969)
4. Keyword
  • Competition Act 2002
  • Monopolies and Restrictive Trade Practices Act 1969
  • Payment of interest on instalments