M/S. U.S. Roofs Ltd. Vs. Rabiabibi Amiruddin Pathan [2008] INSC 1193 (21 July 2008)

Judgment

NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO......... OF 2008 (Arising out of SLP(c) No.7521 of 2006) M/s. U. S. Roofs Ltd. ..

Appellant Versus Rabiabibi Amiruddin Pathan ..Respondent With CIVIL APPEAL NO......... OF 2008 SLP(c).........../2006 (CC NO.9025) ORDER

1.     Delay in filing SLP (C) ......./2006 (CC No. 9025) is condoned.

2.     Leave granted.

3.     These appeals are directed against the final judgment and order dated 22nd of February, 2006, 2 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to `the Commission') in Misc. Petition No.395 of 2005 as well as Revision Petition No.651 of 2005, whereby the Commission had modified the order of the District Forum of the State Commission and reduced the rate of interest from 18% to 10%. Accordingly, it was directed that the appellant was liable to refund a sum of Rs.2,38, 280/- minus the amount already paid being Rs.1 lakh with interest at the rate of 9% from the respective dates of deposit within a period of four weeks from the date of passing of the order of the Commission.

4.     Having heard the learned counsel for the parties and having considered the principle amount of Rs.2,38,280/- out of which, Rs.1 lakh has already been paid and considering the interest as directed by the Commission, we are of the view that these appeals can be disposed of appropriately by directing in total a sum of Rs.4,50,000/- now to be paid to the respondent by the appellant. Accordingly, we dispose of these appeals by 3 modifying the order of the Commission by directing the appellant to pay a sum of Rs.4,50,000/- within three months from the date of passing of this order. The appeals are thus disposed of. There will be no order as to costs.

..........................J.

[Tarun Chatterjee] New Delhi; ..........................J.

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