Country Colonizers Pvt. Ltd vs. Anjana Saini

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 10837 of 2023)

COUNTRY COLONIZERS PVT. LTD Appellant(s)

VERSUS

RAJAGOPAL RG & ORS. Respondent(s)

WITH

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 11078 of 2023)

O R D E R

1. Leave granted.

2. The order dated 6th April, 2023 passed by the National Consumer Disputes Redressal Commission (for short 'National Commission') has been impugned in present appeal, primarily contending that interest awarded by the Commission @ 12% p.a. is on the higher side.

3. Learned counsel appearing for the appellant(s) would also draw the attention of this Court that two orders relied upon by the National Commission had been carried before this Court and this Court vide order dated 10th April, 2023 has Digitally signed by Deepak Singh Date: 2024.04.18 17:23:26 IST Reason: Signature Not Verified

modified the rate of interest from 12% p.a. to 9% p.a. and appellant(s) would be satisfied, if similar order is passed.

4. However, the learned counsel appearing for the respondent-complainant would contend that the facts and circumstances of the present cases stands on entirely different footing. As such, he would submit that no infirmity can be found in the impugned order and seeks for rejection of these appeals.

5. Having heard the learned counsels appearing for the parties and after having bestowed our careful and anxious consideration to the rival contentions raised at the Bar, we are of the considered view that interest of justice would be met if the interest on compensation, as ordered by the Commission @ 12% p.a., is reduced to 9% p.a. as has been consistently held by this Court in catena of orders/judgments passed by this Court.

6. Accordingly, we allow these appeals in part and the rate of interest which has been ordered by the Commission would stand reduced from 12% p.a. to 9% p.a. in terms of order passed by this Court

2

dated 10th April, 2023 titled as "Ms. Country Colonizers Pvt.Ltd. Vs. Rajesh Kumar Badhan & Ors.".

7. Pending application(s), if any, stand disposed of.

….........................J (ARAVIND KUMAR)

...........................J (SANDEEP MEHTA)

New Delhi April 16, 2024

ITEM NO.43 COURT NO.3 SECTION XVII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10837/2023

(Arising out of impugned final judgment and order dated 06-04-2023 in FA No. 850/2019 passed by the National Consumers Disputes Redressal Commission, New Delhi)

COUNTRY COLONIZERS PVT. LTD Petitioner(s)

VERSUS

RAJAGOPAL RG & ORS. Respondent(s)

(IA No. 104747/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 104746/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH

SLP(C) No. 11078/2023 (XVII-A)

(IA No. 105433/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 105428/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 16-04-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE SANDEEP MEHTA

For Petitioner(s)

Mr. Sumeer Sodhi, AOR Ms. Shreya Singh, Adv.

For Respondent(s)

Mr. Deepak Aggarwal Adv Pardeep Dahiya Adv, Adv. Mr. Vedant Pardhan, Adv. Mr. R. C. Kaushik, AOR Mr. vishal Mahajan, Adv. Mr. Anil Kumar, Adv. Mr. Bipin B. Singh, Adv. Mr. Vinod Sharma, AOR

Mr. Mahfooz Ahsan Nazki, AOR

Mr. Polanki Gowtham, Adv. Mr. Kv Girish Chowdary, Adv. Mr. T Vijaya Bhaskar Reddy, Adv. Mr. Meeran Maqbool, Adv. Ms. Archita Nigam, Adv.

UPON hearing the counsel the Court made the following O R D E R

• 1. Leave granted.
• 2. The appeals are allowed in part in terms of the signed order.
• 2. Pending application(s), if any, stand disposed of.

(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]