JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
of judicial system. We have formally adopted this common law tradition and woven it
into the fabric of our own Constitution.
Moreover, the constitutional system of governance is characterised by the primacy of
the Constitution. This implies that the notion of justice as a value principle needs to
be refined by its continual evaluation on the measure of Constitution itself, that is, on
the basis of core values lying embedded in the foundational principles of Fundamental
Rights enshrined in the Constitution.34 The mode and medium of exploration of
constitutional values is perceived as the continuing process of judicial interpretation,
which is manifested clearly under the provisions of Articles 141, 142, and 145 of the
Constitution.35
We may again turn to Experion Developers case for elucidating, how the notion of justice
has been refined in pursuit of moving upwards by making appeals to the Supreme Court
against the judgement of the National Disputes Redressal Commission.36
The Consumer before the Commission prayed, inter alia, that the opposite party may
be held “guilty of unfair and restrictive trade practice as despite taking more than Rs.
2,06,41,379/- they have not completed the construction in 42 months as promised in the
apartment buyer’s agreement”.37 Accordingly, the developers may be directed “to refund
the amount … paid … along with interest @ 24% p.a”.38
Recognising the right of the Consumer to ask for the solitary relief, namely, for return of
the amount with interest and compensation, the Commission passed an order directing
the Developer as under:39
“The opposite party shall refund an amount of Rs. 2,06,41,379/- paid by the
complainant along with interest at nine per cent per annum from the date of last
34
35
36
37
38
39
10
See generally, the author’s article, “Statement of Indian Law – Supreme Court of India Through its Constitution Bench Decisions since 1950:
A Juristic Review of its Intrinsic Value and Juxtaposition,” Journal of the Indian Law Institute, Vol. 58:2 (2016) 189-233.
See, ibid.
See, Experion Developers, para 23.
See, Experion Developers, para 18, read with appended footnote 15.
Ibid.
Ibid.