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Judgment
This appeal has been filed under section 51(1) of The Consumer Protection Act, 2019 in challenge to the Order dated 11.12.2019 of the State Commission in complaint no. 614 of 2019.
Heard the learned counsel for the appellant (the ‘builder co.’) and the learned counsel for the respondents (the ‘complainants’). Also perused the record, including inter alia the State Commission’s impugned Order dated 11.12.2019 and the memorandum of appeal.
The matter pertains to a builder-buyer dispute.
Vide para 21 of its Order of 11.12.2019 the State Commission has made the following award:
In view of our above discussion, the complaint is allowed and following directions are issued to the opposite parties.
i) refund the entire amount deposited by the complainants i.e. Rs. 42,68,541/-, along with compensation for causing financial loss and depriving them of the use of the said amount during the period it remained with the opposite parties at the rate of 12% per annum from the respective dates of deposit till realization as per Rule 17 of PAPRA’ and
ii) pay Rs. 55,000/-, as compensation for the harassment and mental agony suffered by the complainants, including cost of litigation.
Learned counsel for the builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs. 42,68,541/- deposited by the complainants with interest at the rate of 10% per annum from the respective dates of deposit till actual realisation along with Rs. 55,000/- as lumpsum compensation including cost of litigation within six weeks from today.
Learned counsel for the complainants submits, on instructions, that the afore terms are acceptable to the complainants.
In the wake of the above submissions, the appeal is disposed of with the following directions:
The award made by the State Commission is modified to the extent that the builder co. shall refund the amount of Rs. 42,68,541/- deposited by the complainants with interest at the rate of 10% per annum from the respective dates of deposit till actual realisation along with Rs. 55,000/- as lumpsum compensation including cost of litigation within six 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 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 both sides.