Tribunals and CommissionsSingle Bench(2023) 06 NCDRC CK 0046

M/s Aftek Developers Pvt. Ltd. & 2 Ors vs Ajay Kumar

National Consumer Disputes Redressal Commission · Decided on 15 June 2023

HON’BLE JUDGES
Deepa Sharma, Presiding Member
RESULT
Disposed Of
CASE NUMBER
First Appeal No. 257 Of 2022

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Judgment

9 paragraphs · 275 words

Deepa Sharma, Presiding Member

The present Appeal has been filed against the Order dated 13.11.2018 of the Uttar Pradesh State Consumer Disputes Redressal Commission at Lucknow (for short the State Commission) in Complaint Case No. 500/2017, whereby the Complaint had been allowed and the Appellants had been directed to refund the entire deposited amount, which is Rs.31,50,000/-, along with interest @ 18% per annum from the date of deposit till the date of payment along with Rs.10,000/- towards the litigation costs.

This Order has been impugned by the Opposite Parties before this Commission by way of present Appeal.  It is brought to my notice by the learned Counsels for the Parties that while issuing notice on this Appeal on 24.05.2022, this Commission had issued the notice only on the limited issue of rate of interest and while granting stay it had directed that the Appellants shall refund the entire amount deposited by the Complainant/Respondent along with interest @ 9% per annum.

It is submitted by learned Counsel for both the Parties, on instructions, that they have agreed to the rate of interest @ 9% per annum and the Impugned Order be modified to this effect.

In view of this, the Appeal is disposed of with the following directions:

i. The amount of Rs.31,50,000/- shall be refunded by the Appellants along with interest @ 9% per annum from the date of respective deposits till its realization.

ii. Costs of Rs.10,000/- as imposed by the State Commission shall be paid.

iii. While disposing of the present Appeal, the costs of Rs.15,000/- is imposed, which shall also be paid by the Appellants.

iv. The Stay granted stands vacated.