Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2023-04-18 allowed

M/S SUNEJA TOWERS PRIVATE LIMITED & ANR vs ANITA MERCHANT

Bench: 2 — Dinesh Maheshwari, Sanjay Kumar

In Brief

A consumer purchased three residential flats in 1989 from a builder, paying 60% of the price, but the developer failed to deliver them within the agreed period. The lower Consumer Forums awarded refund of deposits with compound interest at 14% per annum, citing the earlier Dr. Manjeet Kaur Monga case. The Supreme Court held that while Consumer Forums have broad discretion to award compensation for deficiency of service, compound interest is not ordinarily an appropriate measure in monetary refund cases without detailed examination of relevant factors. The Court disapproved the lower orders but allowed the consumer to retain amounts already received, recognising the unusual circumstances and the fact that the same builder had previously been held liable under similar facts.

The lawyer headnote and full judgment text are available to registered users.

Consumer Protection Real Estate Compensation and Damages Compound Interest Refund of Deposits Deficiency of Service Judicial Precedent and Ratio Decidendi Unjust Enrichment Civil Procedure Restitution

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login