RPS INFRASTRUCTURE LIMITED vs ASHWANIDEWAN

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th May, 2025 + CM(M) 482/2025 & CM APPL. 14757-14758/2025 RPS INFRASTRUCTURE LIMITED .....Petitioner Through: Ms. Shantha Devi, Mr. Raman, Mr. Arihant Jain and Ms. Tanisha Gopal, Advocates. versus ASHWANIDEWAN .....Respondent Through: Mr. Shreshtha Kr., Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is, though, very short, nonetheless, a very significant one. 2. It is to be seen whether an appeal can be disposed of without giving any opportunity of hearing to the opposite side and to the detriment of the opposite side. 3. A complaint was filed by Mr. Ashwani Dewan before learned State Commission, New Delhi. 4. The learned State Commission, Delhi disposed of the abovesaid complaint vide judgment dated 11.11.2024 and as per the operative part, the opposite party (petitioner herein) was directed to refund the entire amount of Rs. 35,21,168/- along with interest. Para 23 and 24 of abovesaid judgment reads as under:- Signature Not Verified Digitally Signed CM(M) 482/2025 1 By:SONIA THAPLIYAL Signing Date:16.05.2025 15:43:54 “23 . Keeping in view the facts of the present case and the extensive law as discussed above, we direct the Opposite Party to refund the entire amount paid by the Complainant i.e., Rs. 35,21,168/- along with interest as per the following arrangement: A. An interest @ 6% p.a. calculated from the date on which each installment/payment was received by the Opposite Party till 11.11.2024 (being the date of the present judgment); B. The rate of interest payable as per the aforesaid clause (A) is subject to the condition that the Opposite Party pays the entire amount on or before 11.01.2025; C. Being guided by the principles as