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Judgment
This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 19.12.2018 of the State Commission in complaint no. 189 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 pertains to a builder-buyer dispute.
The State Commission vide its impugned Order dated 19.12.2018 has made the following award:
i) To refund the amount Rs. 30,06,250/-, to the complainant, alongwith interest @ 13% p.a. from the respective dates of deposits onwards.
ii) To pay compensation, in the sum of Rs. 1,00,000/- 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 builder co. submits, on instructions, that the builder co. is willing to refund the deposited amount of Rs. 30,06,250/- with interest at the rate of 9% per annum from the respective dates of deposit till actual realization and also pay lumpsum compensation of Rs. 50,000/- and cost of litigation of Rs. 33,000/-.
Learned counsel for the complainant submits, on instructions, that the afore terms are acceptable to the complainant.
Learned counsel for the builder co. further submits, on instructions, that the amount deposited by the builder co. with the State Commission in compliance of this Commission’s Order dated 26.06.2019 along with interest if any accrued thereon may be forthwith released to the complainant and that the balance amount will be made good to the complainant within six weeks from today.
In the wake of the above submissions, the appeal is 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. 30,06,250/- deposited by the complainant with interest at the rate of 9% per annum from the respective dates of deposit till actual realisation and also pay lumpsum compensation of Rs. 50,000/- and cost of litigation of Rs. 33,000/-.
The amount if any deposited by the builder co. with the State Commission in compliance of this Commission’s Order dated 26.06.2019 along with interest if any accrued thereon shall be forthwith released by the State Commission to the complainant as per the procedure. The balance awarded amount as modified hereinabove 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 within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.
‘Dasti’, in addition, to both sides.