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Rajan   25 September 2017

Clarification on supreme court order

This case SLP(C) 26254-2015 was between P.Suresh and the State of Tamil nadu..In this the Honorable Judges have ordered the refund of of excess amount of Infrastructure and Amenities charges collected by P.Suresh to be refunded to the persons from whom it was collected.I am one of the persons who paid the amount in November 2009.Mr.P.Suresh is not giving interest for the six years during which the money was with him. But I am not a party in this case.This case is criminal case filed by Tamil nadu govt against Mr.P.Suresh.In this order this para comes "It transpires that the appellants had collected the money from other customers @ rate of RS1000 per sq meter.This court had passed an interim order directing the appellants to deposit the excess amount.This order was complied with.The aforesaid amount shall be released to the appellants.The said amount shall be refunded to the persons from whom it was collected and compliance affadavit shall be filed by the appellants within three months along with proof of refund." There was no mention about the interest for the period the Excess amount was with Mr.P.Suresh. I am not a party in this case.Now how to approach the court regarding clarification on interest?My money was the person for more than 6 years. Please advice. Thanking you, Dr.R.P.Rajan


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 4 Replies

Siddharth Srivastava (Advocate)     25 September 2017

You shall be required to file fresh case. Not being party to the case, you cannot join the proceeding seeking as clarification as you are stranger to the SLP case.

Siddharth Srivastava (Advocate)     25 September 2017

You shall be required to file fresh case. Not being party to the case, you cannot join the proceeding seeking as clarification as you are stranger to the SLP case.

Rajan   25 September 2017

Thank you very much.Whether I should approach consumer forum or civil court?

Rajan   01 October 2017

I may be stranger to the case.But the order affects a stranger like me and many other strangers( persons who had paid the excess amount).The order just says refund the amount.So the builder is giving only the amount .He is not giving interest but he had the amount for 7 years and10 months.What is the remedy?

This order of Supreme court may be quoted by the builder and I may not be able to file any case in lower courts.

Please reply.


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