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Judgment
Dinesh Singh, Presiding Member
This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 21.05.2019 of the State Commission in complaint no. 30 of 2018.
Heard the learned counsel for the appellants (the ‘builder co.’) and the learned counsel for the respondent (the ‘complainant’). Perused the record.
The matter relates to a builder-buyer dispute. The State Commission vide its impugned Order dated 21.05.2019 ordered the builder co. to refund the amount of Rs.32,93,466/- deposited by the complainant with interest at the rate of 18% per annum. It also awarded Rs. 2,00,000/- as lumpsum compensation towards mental agony and Rs. 20,000/- towards cost of litigation, to be paid with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 12.03.2018.
For reference, the earlier Order dated 13.01.2021, which was passed at the time of hearing on admission, is reproduced below:
Dated : 13.01.2021
ORDER
Taken up through video conferencing.
Heard learned counsel for the appellants at admission. Perused the material on record.
The Award made by the State Commission is reproduced below:
Thus, by allowing the Complaint of the Complainant, it is ordered that:-
ORDER
Respondent is directed to pay the interest to the Complainant at the rate of 18% p.a whenever the Complainant deposited the amounts out of total paid amount of Rs.32,93,466/- (Rupees thirty two lakhs ninety three thousand four hundred and sixty six only) till the date of recovery.
Respondent is directed to pay the amount of Rs.2,00,000/- (Rupees two lakhs only) as compensation towards the mental agony suffered by the Complainant and cost of proceedings of Rs. 20,000/- (Rupees twenty thousand only) alongwith interest at the rate of 9 percent per annum from the date of filing of the Complaint dated 12.03.2018 within two months from the date of the Order.
Learned counsel for the appellants submits, on behalf of the appellants, that the appellants are ready and willing to refund the entire deposited amount of Rs. 32,93,466/- with interest at the rate of 5% per annum from the respective date(s) of deposit till the date(s) of actual payment and to pay the cost of litigation of Rs. 20,000/- to the complainant within six weeks from today.
Learned counsel further submits that the instant appeal may be restricted and confined to the questions of rate of interest over and above 5% per annum and lumpsum compensation only.
The submissions, made on behalf of the appellants, during the hearing on admission, are recorded.
The appellants shall be bound by the submissions made by their learned counsel.
The appellants shall refund the entire deposited amount of Rs. 32,93,466/- with interest at the rate of 5% per annum from the respective date(s) of deposit till the date(s) of actual payment and to pay the cost of litigation of Rs. 20,000/- to the complainant within six weeks from today without fail.
The appeal shall be restricted and confined to the questions of rate of interest over and above 5% per annum and lumpsum compensation only.
Issue notice on the application for condonation of delay and on the memorandum of appeal to the respondent, subject to payment of Rs. 20,000/- to the respondent to defray travel and allied expenses within four weeks from today.
Contingent to the amount of Rs. 32,93,466/- with interest at the rate of 5% per annum from the respective date(s) of deposit till the date(s) of actual payment being refunded to the complainant and the cost of litigation of Rs. 20,000/- being paid to the complainant, within the submitted and assured period of six weeks from today, the operation of the impugned Order dated 21.05.2019 of the State Commission in so far as it relates to interest over and above 5% per annum and lumpsum compensation shall remain stayed till the disposal of this appeal.
The stay shall automatically stand vacated if the condition attached with the grant of stay i.e. refund of the amount of Rs. 32,93,466/- with interest at the rate of 5% per annum and payment of cost of litigation of Rs. 20,000/- is not complied with within the stipulated period of six weeks from today. In such contingency the State Commission shall undertake execution of its Order in its entirety, as per the law.
The Registry may ensure that the notice is issued and despatched within a period of three days.
Let the notice also be ‘dasti’ in addition.
The appellants are directed to ensure the due ‘dasti’ service of the notice on the respondents within six weeks from today, without fail.
List on 11.03.2021.
‘Dasti’, in addition, to facilitate time compliance.
On the said date i.e. 13.01.2021 a submission was made on behalf of the builder co. that the builder co. was ready and willing to refund the entire deposited amount of Rs. 32,93,466/- with interest at the rate of 5% per annum from the respective date(s) of deposit till the date(s) of actual payment and to pay the cost of litigation of Rs. 20,000/- to the complainant within six weeks. A further submission was made that the appeal may be restricted and confined only to the questions of (i) rate of interest over and above 5% per annum on the deposited amount and (ii) the quantum of lumpsum compensation.
Today, learned counsel for the builder co. submits on instructions that to finally settle the matter the builder co. is ready and willing to refund the entire deposited amount of Rs. 32,93,466/- with interest at the rate of 11% per annum from the respective date(s) of deposit till the date(s) of actual payment (rather than the rate of 18% per annum awarded by the State Commission) and to pay lumpsum compensation of Rs. 1,00,000/- (rather than the Rs. 2,00,000/- awarded by the State Commission). The amount already paid in furtherance to the Order dated 13.01.2021 will be duly adjusted.
Learned counsel for the complainant submits on instructions that the terms being offered by the builder co. to finally settle the matter are acceptable to the complainant provided the balance amount due, after adjusting the amount already paid in furtherance to the Order dated 13.01.2021, is made good in a time-bound manner, say within six weeks from today.
Learned counsel for the builder co. submits on instructions that the balance amount due shall be paid by the builder co. within six weeks from today.
In the wake of the above submissions nothing further remains to be adjudicated in this appeal. The award made by the State Commission is modified to the extent that the deposited amount of Rs. 32,93,466/- shall carry interest at the rate of 11% per annum from the respective date(s) of deposit till the date(s) of actual payment and the lumpsum compensation shall be Rs. 1,00,000/-. The rest of the award shall remain undisturbed. The balance amount due, after duly adjusting the amount already paid in furtherance to the Order dated 13.01.2021, shall be made good by the builder co. within six weeks 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.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel as well as to the State Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.