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Judgment
Dinesh Singh, J
On 07.06.2019, after hearing learned senior counsel for the Improvement Trust and learned counsel for the complainant, and after perusing the material on record, we had passed the following daily Order:
Dated : 07.06.2019
ORDER
Heard the learned senior counsel for the Improvement Trust and the learned counsel for the complainant, and perused the material on record.
Learned senior counsel for the Improvement Trust submits inter alia that these instant two first appeals are similar to F.A. no. 995 of 2017 and connected F.A. no. 1268 of 2017 decided by this Commission vide its reasoned judgment dated 10.04.2019 and to FA no. 996 of 2017 and connected FA no. 1269 of 2017 reserved for reasoned judgment by this Commission vide its daily Order dated 07.05.2019.
The impugned Order of the State Commission is partially modified as below:
The principal amount (total Rs. 28,59,530/-) deposited by the complainant with the Improvement Trust shall be refunded with interest from the respective date / s of deposit till the date / s of realization. The rate of interest shall be the rate for house building loan in the corresponding period of a scheduled nationalized bank (take, State Bank of India). If 'floating'/varying/different rates of interest were prescribed in the corresponding period, the higher rate shall be taken for this instant computation.
In addition, compensation for loss and injury, harassment and difficulty, uncertainty and helplessness, shall remain Rs. 2,00,000/-, and cost of litigation shall remain Rs. 20,000/- (as awarded by the State Commission).
All payments shall be made within four weeks of the date of pronouncement of the reasoned judgment.
Failure in timely compliance shall attract higher/penal interest and other compensation/costs (which shall be determined by this Commission in the facts and specificities of that contingency if it so arises).
Reasoned judgment to follow.
Till the pronouncement of the reasoned judgment execution proceedings shall remain stayed.
(emphasis supplied by us)
F.A. no. 995 of 2017 and connected F.A. no. 1268 of 2017 were decided by this Commission vide its reasoned judgment dated 10.04.2019 and F.A. no. 996 of 2017 and connected F.A. no. 1269 of 2017 have been decided by this Commission vide its reasoned judgment dated 14.06.2019.
We note that these instant two first appeals, F.A. no. 998 of 2017 and connected F.A. 1261 of 2017, are similar to the F.A. no. 995 of 2017 and connected F.A. no. 1268 of 2017 decided by this Commission vide its Order dated 10.04.2019 and to F.A. no. 996 of 2017 and connected F.A. no. 1269 of 2017 since decided by this Commission vide its Order dated 14.06.2019.
Similar facts and same questions of law are involved.
The instant two first appeals, F.A. no. 998 of 2017 and connected F.A. no. 1261 of 2017, are disposed of in terms of the examination and reasons as contained in the Order dated 10.04.2019 in F.A. no. 995 of 2017 and connected F.A. no. 1268 of 2017 and the Order dated 14.06.2019 in F.A. no. 996 of 2017 and connected F.A. no. 1269 of 2017.
The award in these instant two F.A.s, as contained in the daily Order dated 07.06.2019, quoted above, is confirmed.