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Smart Summary

Factual and Procedural Background

As per the office report, the complainant (non-applicant) received a Banker’s cheque No.749591 dated 05.08.2022 for Rs.7,07,861/-. A balance amount of Rs.1,60,449/- remained deposited with the Commission as a Fixed Deposit Receipt. The amounts related to orders of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in FA/368/2020 & MA/214/2022 and this Commission had released part of the decretal amount to the complainant by order dated 29.07.2022. The present application concerned entitlement to interest on the amount already released and related administrative directions (including issuance of TDS certificate).

Legal Issues Presented

  1. Whether the complainant is entitled to any interest on the amount of assured return already released in his favour.
  2. Whether the opposite parties should be directed to issue TDS certificate for Tax Deducted at Source applied to the assured return.

Arguments of the Parties

Complainant's Arguments

  • The complainant asserted that although he received Rs.7,07,861/-, he is entitled to interest that accrued in the Fixed Deposit Receipt.
  • The complainant further contended that the opposite parties deducted TDS @10% from the assured return (as indicated in Annexure A-5) and should issue TDS certificates.

Opposite Parties' Arguments

  • The opposite parties submitted that the amount was released in favour of the complainant purely in terms of the order of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, and that any interest should go to the opposite parties.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
FA/368/2020 & MA/214/2022 Orders of Hon’ble NCDRC awarded three components of relief: (i) assured return @Rs.45,587/- p.m. for a specified period, (ii) delayed compensation @8% from proposed date of possession till offer of possession, and (iii) Rs.50,000/- towards cost of litigation. The Commission relied on these orders to determine that the assured return was payable for a specific period without interest, limiting the complainant to the decretal relief only.
order dated 20.04.2022 of Hon’ble National Consumer Disputes Redressal Commission, New Delhi Identified the three components of relief including assured return @Rs.45,587/- p.m. from 1.2.2017 to 22.09.2017 and delayed compensation @8% till 23.09.2017. The Commission examined this order to conclude the assured return was for a specific period and was not ordered with interest.
order dated 15.07.2022 of Hon’ble National Consumer Disputes Redressal Commission, New Delhi Corrected a clerical mistake in the proposed date of possession in the earlier order, reading the date as 13.04.2016 instead of 13.04.2017. The correction was noted by the Commission in determining the period relevant to the decretal payments and releases, informing the decision on entitlement to interest and release of deposited funds.

Court's Reasoning and Analysis

The Commission accepted receipt by the complainant of Rs.7,07,861/- as previously ordered. It identified the sole issue as entitlement to interest on the amount already released. By referring to the NCDRC order dated 20.04.2022 (and its correction dated 15.07.2022), the Commission observed that the assured return was awarded for a specific period and was not ordered with any interest. Because the decree provided for payment of the assured return for a defined period without interest, the complainant could not claim relief beyond the decree. Consequently, the amount deposited in the Fixed Deposit Receipt (Rs.1,60,449/- plus accrued interest) belonged to the opposite parties and was ordered released to them. The Commission also directed the opposite parties to furnish a TDS certificate reflecting the 10% deduction evident from Annexure A-5.

Holding and Implications

DISPOSED OF

Holding: The complainant is not entitled to any interest on the assured return already released to him. The Commission ordered release of Rs.1,60,449/- along with accrued interest in the Fixed Deposit Receipt in favour of the applicants/opposite parties (Omaxe Chandigarh Extn. Developers Pvt. Ltd.) against proper receipt and identification. The opposite parties are directed to issue TDS certificate to the complainant for the TDS deducted @10%.

Implications: The direct effect is the release of the deposited sum and accrued interest to the opposite parties and issuance of the TDS certificate to the complainant. The opinion does not discuss broader legal implications or establish a new precedent beyond the interpretation and application of the cited NCDRC orders.

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    Parika Ganeriwal v. M/s Omaxe Chandigarh Extension Developers Pvt. Ltd.

    As per office report, Counsel for the non-applicant/complainant has already received a Banker’s cheque bearing No.749591 dated 05.08.2022 for an amount of Rs.7,07,861/- in favour of the non- applicant/complainant and balance amount of Rs.1,60,449/- is lying deposited with this commission in the shape of Fixed Deposit Receipt.

                            It is the contention of the Ld. Counsel for the complainant that though the complainant has already received the aforesaid amount of Rs.7,07,861/- yet he is entitled for interest thereupon, which had accrued in Fixed Deposit Receipt. It is also the contention of the Ld. Counsel for the complainant that the opposite parties have deduced TDS @10% from the amount of assured return as indicated in Annexure A-5 and they be directed to issue TDS Certificate to that effect.

                            On the other hand, Ld. Counsel for the opposite parties, while rebutting the aforesaid contention, has submitted that the amount has been released in favour of the complainant purely in terms of order of Hon’ble National Consumer Disputes Redressal Commission, New Delhi and interest should go to the opposite parties.

                            We have heard the Ld. Counsel for the parties and have gone through the material available on record.

                            There is no dispute with regard to receipt of amount of Rs.7,07,861/- by the complainant, which was ordered to be released by this Commission vide order dated 29.07.2022 in terms of orders dated 20.04.2022 and 15.07.2022 passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in FA/368/2020 & MA/214/2022.

                            The only issue to be decided is as to whether the complainant is entitled to any interest on the amount already released in his favour.

                            Perusal of order dated 20.04.2022 of Hon’ble National Consumer Disputes Redressal Commission, New Delhi shows that there are three components of relief awarded, firstly the assured return @Rs.45,587/- p.m. from 1.2.2017 to 22.09.2017, secondly, the delayed compensation @8% from the proposed date of possession till offer of possession i.e. 23.09.2017 and thirdly, Rs.50,000/- towards cost of litigation. It is worth mentioning here that the clerical mistake with regard to the proposed date of possession, which had crept in order dated 20.04.2022 was subsequently corrected by Hon’ble National Consumer Disputes Redressal Commission, New Delhi vide order dated 15.07.2022, reading the same as 13.04.2016 instead of 13.04.2017. Accordingly, the Opposite Parties deposited the decretal amount with this Commission which included the part of Assured Return also, which amount already stood released in favour of the complainant. Therefore, in our considered view, since the assured return was ordered to be paid for a specific period, without any interest thereupon, therefore, the complainant cannot claim any relief beyond the decree passed and as such, he is not entitled for any interest on the said amount of assured return.

                            Accordingly, the Opposite Parties are entitled for the release of the amount lying deposited with this Commission in Fixed Deposit Receipt. Hence, it is ordered that the amount of Rs.1,60,449/- alongwith accrued interest in Fixed Deposit Receipt be released in favour of the applicants/Opposite Parties i.e. Omaxe Chandigarh Extn. Developers Pvt. Ltd. against proper receipt and identification.

                            Since the opposite parties have deduced TDS @10% from the amount of assured return, as is apparent from Annexure A-5, therefore, they are directed to issue TDS certificate to that effect to the complainant forthwith.

                            This application stands disposed of accordingly.

                            Certified copies of this order be sent to the parties, free of charge.

                            Copy of order be also sent to the parties/Counsel through email/whatsapp.  

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    Comments

    Parika Ganeriwal v. M/s Omaxe Chandigarh Extension Developers Pvt. Ltd.
    (Sep 6, 2022)