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Judgment
This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 10.05.2019 of the State Commission in complaint no. 238 of 2017.
Heard the learned counsel for the appellant (the ‘builder co.’) and the learned counsel for the respondents (the ‘complainants’). Perused the record.
The State Commission has ordered the builder co. to refund a sum of Rs. 48,29,754/- to the complainants with interest at the rate of 12% per annum from the respective dates of deposit till realization, with the stipulation that if the payment is not made within 3 months the rate of interest shall stand enhanced to 18% per annum for the period of default. It has also awarded lumpsum Rs. 2,50,000/- as compensation for mental agony and physical harassment and Rs. 21,000/- as cost of litigation.
Learned counsel for the builder co. submits on instructions that the builder co. is ready and willing to unconditionally refund the principal amount of Rs. 48,29,754/- with interest at the rate of 12% per annum from the respective dates of deposit till actual realization and to pay lumpsum Rs. 2,50,000/- as compensation for mental agony and physical harassment and Rs. 21,000/- as cost of litigation within 8 weeks from today without fail.
The learned counsel for the complainants submits on instructions that the afore terms offered by the builder co. are acceptable to the complainants.
In the wake of the above submissions nothing remains to be adjudicated in this appeal and the same is disposed of with the directions that the principal amount of Rs. 48,29,754/- shall be refunded by the builder co. with interest at the rate of 12% per annum from the respective dates of deposit till actual realization along with lumpsum Rs. 2,50,000/- as compensation for mental agony and physical harassment and Rs. 21,000/- as cost of litigation within 8 weeks from today.
This Order has been made on consent. As such the decision in this case shall not be treated as a precedent.
The amount if any deposited by the builder co. with the State Commission in compliance of this Commission’s Order dated 18.03.2020 along with interest if any accrued thereon shall be forthwith released by the State Commission to the complainants towards satisfaction of the award as firmed-up herein. The balance awarded amount if and as any shall be made good by the builder co. within 8 weeks from today, failing which the State Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.
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 immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.