Supreme Court Comes to Rescue of 73 Years Old Litigant

On 05.10.2020, a three-judge bench of the Supreme Court comprising Hon’ble Justice D.Y Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee passed their order in the case of Sandhya Dey vs Kapil Sen & Ors.

The Court has directed that the Petitioner shall pay the amount as per the schedule fixed by the Court and no coercive action shall be taken against her. 

Brief Facts of the Case

The petitioner Ms Sandhya Dey had agreed to sell her flat to the respondents. However, due to some reason, the sale never materialised even though a sum of Rs. 8,01,000 was exchanged between the parties.

A case was first filed in the State Consumer Disputes Redressal Commission where the petitioner in the instant case was directed to either return the amount of Rs 8,01,000 or hand over the possession of the flat.

The order was challenged before The National Consumer Disputes Redressal Commission which agreed with the Judgment passed by the SCDRC.

Aggrieved by order of NCDRC, the petitioner filed a special leave petition before the Supreme Court.

Proceedings Before the Supreme Court

The Court went through all the facts of the case, agreed with the Judgment passed by the State Consumer Disputes Redressal Commission, as the petitioner had consented to sell the flat to the respondents. Still, she has not given the possession of the flat to respondents, nor has she returned the money.

The counsel for the petitioner submitted to the Court that the petitioner was 73 years old and facing a severe medical condition. She told the Court that the petitioner would pay the respondents Rs 4,00,000 within one month and the remaining amount will be paid within the year.

The counsel also informed the Court that a warrant had been issued against the petitioner, which should be quashed.

The decision of the Court

The Court considered the arguments of the petitioner and passed the following order:-

  • Rs 4 lakh should be paid to the respondents on or before 31.10.2020
  • The balance amount, including the interest, should be paid in three equal instalments on or before 31.12.2020, 28.02.2021 and 30.04.2021.
  • The Court also directed the authorities that ‘no coercive steps’ should be taken against the petitioner if she pays the money as per the schedule. However, if she defaults in making the payment, then the order passed by the NCDRC will become executable.

Case Details:-

Title: Sandhya Dey vs Kapil Sen & Ors

Case No. SLP No. 11461/2020

Date of Order 05.10.2020

Coram: Hon’ble Justice D.Y Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee

 Advocates: For Petitioners: Mr Tishampati Sen, Ms Riddhi Sancheti and Ms Aarti K. Kumar

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