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Judgment
Heard learned counsel for the appellant builder co. and learned counsel for the respondent complainant.
Perused the material on record.
In the interest of justice, to provide fair opportunity to the appellant builder co., to settle the matter on merit, the delay in filing the appeal is condoned.
The previous Order dated 25.10.2019 reads as below:
Heard learned counsel for the appellant - builder co. Perused the material on record.
In the State Commission's impugned Order dated 02.04.2019 the following was awarded to the complainant:
Hence allowing the complaint of the complainant, the opponent is ordered to pay Rs.21,28,641/- (twenty one lac twenty eight thousand six hundred forty one only) to the complainant with interest at the rate of 18 percentage per annum from the date of each deposit.
The amount of Rs.2.00 lac (two lac only) for physical, mental compensation and Rs.25,000/- (twenty five thousand only) for cost of the complaint be paid to the complainant.
The opponent is given one month time for compliance of this Order otherwise interest at the rate of 9 percentage per annum shall be payable from the date of order on amount of Rs.2,25,000/- (two lac twenty five thousand only).
(extracts from translated copy of State Commission's impugned Order)
Learned counsel for the appellant - builder co. submits, on instructions, that the appellant - builder co. is ready and willing to refund the principal amount of Rs. 21,28,641/- deposited by the complainant and to pay the cost of litigation of Rs. 25,000/- to the complainant within eight weeks from today.
If the principal amount of Rs. 21,28,641/- deposited by the complainant is refunded and the cost of litigation of Rs. 25,000/- is paid to the complainant within eight weeks from today as per the afore submission, the operation of the impugned Order of the State Commission in so far as it relates to payment of interest and compensation shall remain stayed till the disposal of this appeal.
It is made clear that if the appellant - builder co. fails to comply with the afore submission within the stipulated period of eight weeks from today, the State Commission shall proceed for execution of its Order in its entirety as per the law.
List the matter for further hearing on 10.01.2020.
'Dasti', in addition, to facilitate timely compliance.
In reference to the above-quoted Order of 25.10.2019, learned counsel for the appellant builder co. submits, on instructions, that the appellant builder co. has refunded the entire amount of Rs. 21,28,641/- deposited by the respondent complainant and paid the cost of litigation of Rs. 25,000/- to the respondent complainant. Learned counsel for the respondent complainant confirms, on instructions.
The first residual question in this appeal is the rate of interest which would be reasonable and equitable in the facts and circumstances of the case.
The State Commission has awarded interest @ 18% per annum.
Having heard the learned counsel, having regard to the facts and circumstances of the case, in our considered view rate of interest of 10% per annum from the respective dates of deposits till its realisation is reasonable and equitable.
The Award made by the State Commission's impugned Order requires to be modified to this extent.
The second residual question in this appeal is regarding the lumpsum compensation of Rs. 2,00,000/- awarded by the State Commission.
Having heard the learned counsel, having regard to the facts and circumstances of the case, in our considered view the lumpsum compensation of Rs. 2,00,000/- awarded by the State Commission is reasonable and equitable.
It is ordered that the appellant builder co. shall refund the entire amount deposited by the respondent complainant with interest @ 10% per annum from the respective dates of deposits till its realisation.
The appellant builder co. shall pay lumpsum compensation of Rs. 2,00,000/-.
The appellant builder co. shall pay cost of litigation of Rs. 25,000/-.
The amount already paid in compliance of this Commission's Order dated 25.10.2019 shall be adjusted therein.
The residual amount due after adjustment shall be made good within a period of four weeks from today without fail.
The appellant builder co. shall furnish a clear and cogent calculation sheet to the State Commission to confirm refund of the entire amount deposited by the respondent complainant with interest @ 10 % per annum from the respective dates of deposits till its realisation, payment of lumpsum compensation of Rs. 2,00,000/- and payment of cost of litigation of Rs. 25,000/-, after adjustment of the amount already paid in compliance of this Commission's Order of 25.10.2019, within the same period of four weeks from today.
It is further ordered that if the Award firmed in para '10.' above is not made good within the stipulated period of four weeks from today, the residual amount due to the respondent complainant shall carry interest @ 12% per annum from the date of expiry of four weeks from today till its realisation.
The F.A. No. 1012 of 2019 is so disposed.
The Registry is requested to send a copy each of this Order to the appellant builder co. and to the respondent complainant, as well as to their learned counsel, within three days.
'Dasti' in addition.