Avighana Welfare Society vs M/s Manohar Infrastructure And Construction Pvt. Ltd. & Ors

These appeals under section 19 of The Consumer Protection Act, 1986 are in challenge to the same Order dated 02.07.2018 of the State Commission in complaint no. 64 of 2018.

Learned counsel for Avighana Welfare Society (the ‘society’), for Manohar Infrastructure and Construction Pvt. Ltd. & Anr. (the ‘builder co.’) and for the Complainant (the ‘complainant’) make their submissions.

Perused the record.

The matter pertains to a builder-buyer dispute. The award made by the State Commission as contained in para 36 of its impugned Order dated 02.07.2018 is reproduced below for reference:

Consumer Complaint No.64 of 2018:

i)  To refund the amount Rs.29,08,750/- to the complainants, alongwith interest @13% p.a., from the respective dates of deposits onwards.

ii) To pay compensation, in the sum of Rs.1 (one) lac, for causing mental agony and physical harassment, to the complainant, as also escalation in prices.

iii)  To pay cost of litigation, to the tune of Rs.33,000/- to the complainant.

Learned counsel for the society submits, on instructions, that the society had not taken any money from the complainant. The complainant had paid the builder co. alone.

Learned counsel for the builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs.29,08,750/- deposited with it by the complainant with interest at the rate of 9% per annum from the respective date(s) of deposit till actual realisation along with lumpsum compensation of Rs.50,000/- and cost of litigation of Rs.25,000/-. He also submits, on instructions, that the amount as any deposited by the builder co. with the State Commission in compliance of this Commission’s interlocutory Order dated 22.04.2019 in appeal no.1569 of 2018 along with interest if any accrued thereon may be forthwith released in toto to the complainant and the balance awarded amount will be made good by the builder co. within three months from today. Learned counsel further requests that this case may not be treated as a precedent and the issues involved may be kept open.

Learned counsel for the complainant submits, on instructions, that the afore terms are acceptable to the complainant.

In the wake of the above submissions nothing more survives for adjudication in these appeals. The same are thus disposed of with the following directions:

The award made by the State Commission is modified to the extent that the builder co. shall refund the amount of Rs.29,08,750/- deposited by the complainant with interest at the rate of 9% per annum from the respective date(s) of deposit till actual realisation along with lumpsum compensation of Rs.50,000/- and cost of litigation  of Rs.25,000/-. The amount as any deposited by the builder co. with the State Commission in compliance of this Commission’s interlocutory Order dated 22.04.2019 in appeal no. 1569 of 2018 along with interest if any accrued thereon shall be forthwith released in toto by the State Commission to the complainant. The balance awarded amount shall be made good by the builder co. within three months from today, failing which the State Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.

This Order has been made on consent. As such the decision in this case shall not be treated as a precedent. And the issues involved are kept open.

The Registry is requested to send a copy each of this Order to the parties in the appeals and to their learned counsel as well as to the State Commission immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.

‘Dasti’, in addition, to facilitate timely compliance.