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Judgment
Dinesh Singh, J
On 11.07.2019, after hearing learned counsel for the builder co. and learned counsel for the complainants, and after perusing the material on record, we had passed the following daily Order:
Dated : 11.07.2019
ORDER
Heard the learned counsel for the appellant - builder co. and the learned counsel for the respondents - complainants.
Perused the material on record.
Learned counsel for the builder co. submits inter alia that these instant two first appeals are similar to F.A. no. 542 of 2017 and connected 19 first appeals decided by this Commission vide its reasoned judgment dated 01.07.2019.
a. Deficiency in service and unfair trade practice are determined against the builder co. and its Directors as well as its concerned functionaries, in each case.
b.i. The respective amount / s deposited by the complainant / s with the builder co. shall be refunded with interest by the builder co. and its Directors as well as its concerned functionaries to the complainant / s, in each case.
b.ii. The interest shall be payable from the respective date / s of deposit till the actual date / s of realisation.
The rate of interest shall be the rate for house building loan in the corresponding period in a scheduled nationalized bank (take, State Bank of India). If 'floating' / varying / different rates of interest were / are prescribed, the higher rate shall be taken for this instant computation.
b.iii. Lumpsum compensation of Rs. 1 lakh shall be paid by the builder co. and its Directors as well as its concerned functionaries to the complainant / s, in each case.
b.iv. Cost of litigation of Rs. 1 lakh shall be paid by the builder co. and its Directors as well as its concerned functionaries to the complainant / s, in each case.
b.v. Respective amounts, if any, deposited by the builder co. with the State Commission shall be adjusted in the above payments, with interest, if any, accrued thereon, in each case.
b.vi. First charge on the awarded amount shall be of the concerned bank or financial institution, if any, that has provided loan to the complainant / s towards making payment for their subject unit / s to the builder co., in each case.
b.vii. It shall be the responsibility of the builder co. and its Directors as well as its concerned functionaries to correctly ascertain the exact rate of interest, as directed in b.ii. above, and to make the respective payments, accompanied with clear and cogent respective calculation sheet / s, in each case.
b.viii. In addition, specifically for indulging in unfair trade practice, the builder co. and its Directors as well as its concerned functionaries are put to stern advice of caution with cost of Rs. 25,000/- in each case (i.e. in total 25000 x 2 = Rs.50,000/-) to be deposited in the Consumer Legal Aid Account of the State Commission.
b.ix. The builder co. and its Directors as well as its concerned functionaries shall be liable individually, jointly and severally.
b.x. All payments shall be made within four weeks of the pronouncement of the reasoned judgment.
b.xi. It shall be the responsibility of the builder co. and its Directors as well as its concerned functionaries as also of the complainant / s (i.e. of both sides) to inform the concerned bank or financial institution, if any, of the reasoned judgment, in each case, within two weeks of the pronouncement of the reasoned judgment.
b.xii. If the payments to be made by the builder co. and its Directors as well as its concerned functionaries to the complainant / s are delayed beyond the stipulated period of four weeks from the date of the pronouncement of the reasoned judgment, it shall attract higher / penal interest and other compensation / cost (which will be determined by this Commission in the facts and specificities of that contingency if it so arises, in each concerned case).
c. A copy of the reasoned judgment be sent by the Registry to the State Commission, to the builder co. and its chief executive and to the complainant / s in each case within one week of the pronouncement of the reasoned judgment.
d. The builder co. through its chief executive shall file a report - in - compliance with the Registry of this Commission within six weeks of the pronouncement of the reasoned judgment with copies thereof to the complainant / s in each case.
e. Needless to add that the State Commission shall proceed for execution as per the law for failure or omission to comply with the reasoned judgment.
Reasoned judgment to follow.
Execution in each case shall remain stayed till the pronouncement of the reasoned judgment.
(emphasis supplied by us)
F.A. no. 542 of 2017 and connected 19 first appeals were decided by this Commission vide its reasoned judgment dated 01.07.2019.
We note that these instant two first appeals, F.A. no. 131 of 2019 and F.A. no. 184 of 2019, are similar to the F.A. no. 542 of 2017 and connected 19 first appeals decided by this Commission vide its Order dated 01.07.2019.
Similar facts and same questions of law are involved.
The instant two first appeals, F.A. no. 131 of 2019 and F.A. no. 184 of 2019, are disposed of in terms of the examination and reasons as contained in the Order dated 01.07.2019 in F.A. no. 542 of 2017 and connected 19 first appeals.
The award in these instant two F.A.s, as contained in the daily Order dated 11.07.2019, quoted above, is confirmed.