Aditya Mukherjee vs Pampa Banik & 2 Ors

We have heard the learned counsel for the parties and perused the impugned order dated 10-08-2016 passed by the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as 'the State Commission') by which the complaint preferred by the Respondent No.1 has been allowed and certain directions have been passed which are reproduced below:

"That the instant consumer complaint is allowed exparte with cost of Rs.10,000/- to be paid by the OP in favour of the complainant.

The OPs are directed to jointly and severally to execute a registered sale deed and to handover the possession of the flat measuring about 600 sq.ft. on the 4th floor at premises No.96/D. Satin Sen Sarani, P.S.-Maniktala, Kolkata - 700054 within one month from the date or alternatively, to refund Rs.16,73,000/- along with an interest thereon @12% p.a. from the date of payment till its realization.

The OPs are also directed to make payment of compensation of Rs.5,00,000/- and Rs.10,000/- as litigation cost within one month from date otherwise the complainant shall have liberty to get the order executed through this Commission."

The learned counsel for the Appellant submitted that the flat cannot be constructed for the dispute amongst the partners of the firm namely Mission Habitat and, therefore, only the amount deposited by the Respondent No.1 along with reasonable interest can be refunded. He invited our attention to the Memorandum of Understanding entered into between the Appellant and the Respondent No.1 on 30-08-2012 wherein the parties had agreed for settling the matter on lumpsum payment of Rs.22,42,746/- in installments latest by 30-06-2013.

According to the Appellant a sum of Rs.4,48,550/- has been paid by cheque and bank draft on 22-09-2012 and 14-12-2012 which has been accepted and encashed by the Respondent No.1. This position has not been disputed by the learned counsel appearing for the Respondent No.1. The balance amount which remains payable after the payment of Rs.4,48,550/- is Rs.17,94,196/-. The State Commission has directed payment of interest @12% p.a. from the date of deposit till the date of payment.

Without going into the merits of the case in view of the Memorandum of Understanding entered into between the parties, we, therefore, take the running of interest @12% p.a. from 01-01-2013 as in between a Memorandum of Understanding was entered into between the parties on 30-08-2012 and some payment has been made in September, 2012 and December, 2012. The liability for payment of the amount by the Appellant stood crystallized at Rs.22,42,746/- as on 30-08-2012 i.e. the date of Memorandum of Understanding. The Appellant is, therefore, liable to pay interest @12% p.a. on the remaining amount of Rs.17,94,196/- till the date it is actually paid. According to the Appellant a sum of Rs.10,00,000/- has been deposited on 21-12-2016 before the State Commission under the interim order passed by this Commission and another sum of Rs.7,65,950/- has been deposited by the Appellant before the State Commission on 06-01-2017. When the interest at the rate of 12% per annum is calculated from 01-01-2013 on the outstanding amount of Rs.17,94,196/- which we are taking as a round figure of Rs.18,00,000/-, the amount of interest comes to approximately Rs.8,64,000/- till 31-12-2016. We are rounding it off to Rs.9,00,000/-. The total amount, thus, becomes payable is about Rs.27,00,000/- out of which the Appellant had deposited a sum of Rs.17,65,950/- before the State Commission. The Appellant is indeed liable to pay about Rs.9,35,000/- more to the Respondent.

We, therefore, dispose of the appeal with a direction to the Appellant to pay a sum of Rs.9,35,000/- in three equal monthly installments to the Respondent No.1. The first installment has to be paid on or before 31-12-2018, the second installment has to be paid on or before 31-01-2019 and the last installment has to be paid on or before 28-02-2019. The State Commission shall make payment of the amount of Rs.17,65,950/- deposited by the appellant under the interim order of this Commission to the respondent along with accrued interest, if any, within two weeks from the date a certified copy of this order is filed before the State Commission.

With the aforesaid observation, the appeal stands disposed of. The other directions regarding payment of cost and compensation are set aside.