Melwyn Menezes vs M/S Kamla Mahesh Developers on 17 December, 2024

Supreme Court – Daily Orders

Melwyn Menezes vs M/S Kamla Mahesh Developers on 17 December, 2024

Author: Surya Kant

Bench: Surya Kant

                                                        1

                                     IN THE SUPREME COURT OF INDIA

                                      CIVIL APPELLATE JURISDICTION

                                   CIVIL APPEAL Nos.9234-9235 OF 2022


     MELWYN MENEZES                                                                      … APPELLANT

                                                    Versus



     M/S KAMLA MAHESH DEVELOPERS & ORS.                                                … RESPONDENTS


                                               O    R   D     E     R


     1.                  Having heard learned Senior Counsel for the parties at a
     considerable length, and on carefully perusing the material placed
     on record, we are satisfied that no case to interfere with the
     impugned order dated 10.05.2022, passed by the National Consumer
     Disputes Redressal Commission, New Delhi, is made out.
     2.                  The appeals are, accordingly, dismissed.
     3.                  However,    keeping       in       view        the   peculiar     facts      and
     circumstances            of    these   cases,      and        regardless     of     the   rate   of
     interest granted earlier, the respondent-builder-cum-developer is
     directed to refund the amount deposited by the appellant, along
     with interest at the rate of 7% p.a. within eight weeks.
     4.                  As a result, the pending interlocutory applications also
     stand disposed of.



                                                                   .........................J.
                                                                   (SURYA KANT)



Signature Not Verified

Digitally signed by
                                                                   ..............…….........J.
SATISH KUMAR YADAV
Date: 2024.12.24
13:11:24 IST
                                                                   (UJJAL BHUYAN)
Reason:



     NEW DELHI;
     DECEMBER 17, 2024.
                                   2

ITEM NO.14                 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

                    Civil Appeal No(s).9234-9235/2022

MELWYN MENEZES                                          Appellant(s)

                                  VERSUS

M/S KAMLA MAHESH DEVELOPERS & ORS.                      Respondent(s)

IA No.130114/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT

IA No.111958/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No.186011/2022 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

Date : 17-12-2024 These matters were called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE UJJAL BHUYAN

For Appellant(s) Mr. Sudhanshu Chudhari, Sr.Adv.

Ms. Himanshi Gupta, Adv.
Mr. Sagar Pahune Patil, AOR

For Respondent(s) Mr. Pratap Venugopal, Sr. Adv.

Ms. Surekha Raman, Adv.

Mr. Amarjit Singh Bedi, Adv.
Mr. Shreyash Kumar, Adv.
Mr. Yashwant, Adv.

Mr. Imilikaba Jamir, Adv.
For M/S. K.J. John and Co., AOR

Mr. Davesh Bhatia, AOR
Mr. Sadre Alam, Adv.

Mr. Varun Varma, Adv.

Mr. Dilip Shukla, Adv.

Mr. Hitesh Kumar Sharma, Adv.
Mr. T. Hari Hara Sudhan, Adv.
Mr. Shubham Rajhans, Adv.
Mr. Ishank Ranjan, Adv.

Mr. Vairawan A.S., AOR

UPON hearing the counsel the Court made the following
O R D E R
The appeals are dismissed in terms of the signed order.

3

As a result, the pending interlocutory applications also
stand disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)