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Judgment
Taken up through video conferencing.
Heard the learned counsel. Perused the record.
Learned counsel for the appellant developer and the learned counsel for the respondent complainant jointly submit that vide its impugned Order dated 20.01.2021 the State Commission has determined the principal amount deposited by the complainant with the developer to be Rs. 18.50 lakh.
Learned counsel for the complainant submits that the principal amount of Rs. 18.50 lakh has been correctly determined by the State Commission.
Learned counsel for the developer submits that as per its accounts the complainant had actually deposited Rs. 6.50 lakh only with the developer, the findings of the State Commission that the complainant had deposited Rs. 18.50 lakh are erroneous.
Learned counsel for the developer also submits that the impugned Order of the State Commission was passed ex parte against it, the developer did not get opportunity to put forth its defence. The developer is willing and ready to unconditionally refund an amount of Rs. 6.50 lakh to the complainant within two weeks from today; however, in the interest of justice, fair opportunity be provided to the developer to offer its defence before the State Commission.
As such this case inter alia involves a disputed question of fact i.e. whether the principal amount deposited by the complainant with the developer was Rs. 18.50 lakh, as contended by the complainant and as determined ex parte by the State Commission, or it was Rs. 6.50 lakh, as contended in appeal by the developer, or, for that matter, it was some other figure.
In such situation it is appropriate that this disputed question of fact be adjudicated afresh by the forum of original jurisdiction i.e. the State Commission; however, since receipt of an amount of Rs. 6.50 lakh is admitted to by the developer and it is also submitted that the same will be unconditionally refunded to the complainant forthwith, it is also appropriate that refund of the said amount of Rs. 6.50 lakh be condition precedent to remanding the case to the State Commission.
Sequel to the above discussion, the developer shall refund an amount of Rs. 6.50 lakh to the complainant by way of 'payee's a/c only' bank draft within two weeks from today without fail.
Contingent to the said refund being made within the stipulated period, the matter be heard again by the State Commission, for adjudication afresh on merit, with the affording of opportunity to both sides to adduce their evidence and advance their arguments.
Both sides are directed to present themselves before the State Commission on 22.10.2021.
The State Commission shall satisfy itself that the condition precedent to the remand of the matter i.e. refund of Rs. 6.50 lakh by the developer to the complainant within two weeks from today has been fulfilled and shall thereafter proceed to adjudicate the matter afresh and pass its order on merit, as per the law, as expeditiously as possible.
The Registry is requested to send a copy each of this Order to all parties in the appeal and to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.