Highland Holiday Homes Pvt. Ltd. vs The Consumer Disputes Redressal Forum, The State Consumer Disputes Redressal Commission and T.S. Christopher

The petitioner has challenged in this writ petition the orders passed by the District Consumer Disputes Redressal Forum as well as the State Consumer Disputes Redressal Commission awarding damages for the delay in repayment of the amount which the respondents were legitimately entitled to from the petitioner. The grievance of the petitioner was though it received the money from the depositors, by virtue of a notification it was prevented from operating the Scheme and therefore the authorities were not justified in awarding damages. When once the petitioner had the benefit of the amounts of the respondents, not only it is legally bound to refund the amount which it has received, it is also bound to refund the benefit of the said amount which the petitioner did enjoy as long as the said amount was in its possession. The damages which is now awarded represents the said benefit. Under these circumstances, we do not see any justification to interfere with the order passed by the authorities which are legal and valid. Accordingly, the petition is dismissed.