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Judgment
Heard Appellant Dr. Jitendra Kumar Agarwal who appeared in person as well as learned Counsel representing the Respondent No.1, who was the Opposite Party No.1 before the State Commission.
Challenge is to the order dated 09.08.2023 of the State Commission vide which CC No.69 of 2017 filed by the Appellant herein was allowed with certain reliefs to the Complainant/directions to the Opposite Parties. The Appellant herein is aggrieved with the said order only to a limited extent with respect to the date from which the interest is to be paid. The State Commission has allowed the interest w.e.f. 13.02.2017 till its realization. This was the date when the Complaint was put before the State Commission after its remand from the National Commission through its order dated 23.12.2016. It is contended by the Appellant herein that this being a refund case, he is entitled to interest from the date of original payments/deposits with the Opposite Party No.1 Builder Company and this Commission has always been granting interest in the refund cases from the date of original payments. The prayer was opposed by learned Counsel representing Respondent No.1 (Opposite Party No.1 before the State Commission) who supported the order of the State Commission. It was also submitted that the Opposite Party No.1 has not challenged the said order of the State Commission and hence, it has become final against the Opposite Party No.1.
We have carefully gone through the order of the State Commission, the relevant records and heard both sides. We see merit in the contention of the Appellant herein and are of the considered view that he is entitled to interest on the amounts paid by him from the date of each such payment to the Opposite Party No.1 Builder till the date of realization.
Accordingly, in partial modification of the order of the State Commission dated 09.08.2023, we hereby order that the interest, as awarded by the State Commission, shall be payable from the date of each payment by the Appellant herein to the Opposite Parties. Rest of the order of the State Commission is maintained.
With above directions, FA No.974 of 2023 stands disposed of.
All pending IAs, if any, shall also stand disposed of.