Lawstreet Journal

Supreme Court: Refund Of Stamp Duty Cannot Be Denied On Ground Of Delay If Application Got Belated Due To Judicial Proceedings [READ JUDGEMENT]

Lawstreet Journal 12 Oct 2021 11:43pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court: Refund Of Stamp Duty Cannot Be Denied On Ground Of Delay If Application Got Belated Due To Judicial Proceedings [READ JUDGEMENT]

The Apex Court has ordered to refund stamp duty to a person on the grounds that the delay in making the application had happened as a result of the delay in deciding his consumer case before the National Consumer Disputes Redressal Commission while exercising its power under Article 142 of the Constitution. 

BACKGROUND

The case was that the appellant had booked a residential apartment, but certain disputes arose soon with the builder leading to a consumer complaint. The appeal was allowed by the National Consumer Disputes Redressal Commission (NCDRC) by the order issued on 6th May 2016. 

ORDER OF THE NCDRC 

The NCDRC gave the consumer two options to either execute the agreement with the developer, in which event the developer would pay compensation in the amount of Rs 10 lakhs, or in the alternative if the appellant was not willing to execute an agreement, the developer was directed to refund the entire consideration together with interest at the rate of 12% p.a. from the date of receipt of each instalment until the date of refund along with compensation of Rs.10,00,000. 

The appellant exercised the second option of obtaining a refund of the consideration at an interest rate of 12 % p.a. 

In response to this, the developer who is the respondent issued the cheque on 11th July 2016 as per the norms of the NCDRC. After this, the appellant applied for a refund of the stamp duty to the Collector of Stamps which amounted to INR 8,44,500. 

The… Continue Reading...


Tagged: Supreme Court of India  
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