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Judgment
This appeal under section 19 of the Act 1986 is in challenge to the Order dated 12.04.2019 of the State Commission in complaint no. 174 of 2016.
Heard the learned counsel for the appellant (the ‘builder co.’) and the learned counsel for the respondent (the ‘complainant’). Perused the record.
The award made by the State Commission as contained in the operative portion of its impugned Order is reproduced below:
On the ground of above conclusion, the complaint is accepted partially and the Opposite Parties are ordered that they may return the amount of Rs.31,80,639/- of the complainant whose detail has been given in para 4 of the complaint, with interest at the rate of 18 percent per annum from the date of deposit till the actual date of payment to the complainant.
The Opposite Party will pay Rs.10,000/- to the complainant as suit expenses.
Taking reference in the said award learned counsel for the builder co. submits on instructions that the builder co. is willing to refund the amount of Rs.31,80,639/- with interest at the rate of 9% per annum from the respective dates of deposit till actual realization and to pay cost of litigation of Rs. 10,000/- within six weeks from today.
Learned counsel for the complainant submits on instructions that the afore terms are acceptable to the complainant.
In the wake of the above submissions nothing further survives in this appeal and the same is disposed of with the direction that the award made by the State Commission is modified to the extent that an amount of Rs. 31,80,639/- shall be refunded by the builder co. to the complainant with interest at the rate of 9% per annum from the respective dates of deposit till actual realization along with cost of litigation of Rs. 10,000/- within six weeks from today.
The amount as any deposited by the builder co. with the State Commission in compliance of this Commission’s Order dated 01.12.2021 along with interest as any accrued thereon shall be forthwith released by the State Commission to the complainant towards satisfaction of the award as firmed-up herein. The residual amount 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 immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.
‘Dasti’, in addition, to facilitate timely compliance.