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Judgment
IA No. 5384 of 2017 (condonation of delay)
This application is filed by the Appellant seeking condonation of delay of 28 days in filing of the Appeal.
Learned counsel for the respondents submits that he has no objection if the delay is condoned, subject to payment of cost.
For the reasons disclosed in the application and in view of the no objection, delay is hereby condoned on payment of cost of Rs.15,000/-, out of which Rs.10,000/- shall be paid to the respondent by way of demand draft within four weeks and Rs.5000/- shall be deposited in Consumer Legal Aid Account within four weeks.
First Appeal
The present Appeal has been filed against the order dated 18.11.2016 whereby complaint of the respondents was allowed and following directions were issued:
i. “To refund the amount of Rs.47,23,000/- to the complainants, along with interest @ 12% per annum, from the respective dates of deposits, till realisation, within 45 days from the date of receipt of a certified copy of this order;
ii. To pay compensation, in the sum of Rs.2,00,000/- for deficiency in rendering service, indulgence into unfair trade practice and causing mental agony and physical harassment, to the complainants, by them within 45 days, from the date of receipt of a certified copy of this order;
iii. To pay cost of litigation, to the tune of Rs.50,000/- to the complainant;
iv. In case, the payment of amounts, mentioned in clauses (i) and (ii), is not made, within the stipulated period, then they (opposite parties), shall be liable to pay the amount mentioned in Clause (i) with interest @ 15% per annum instead of 12% per annum from the respective dates of deposits, till realisation and interest @ 12% per annum on the amount of compensation, mentioned in Clause (ii), from the date of filing the complaint till realisation, besides payment of costs of litigation.”
This order is impugned in the present Appeal on different counts.
During the course of arguments, it is submitted by learned counsel for the parties on instructions that they have agreed to the refund of the deposited amount along with interest @ 9% p.a. from the respective date of deposits till realization. It is also submitted that in view of this, the compensation of Rs.2.00 lacs awarded by the State Commission in the impugned order may also be set aside. It is also submitted that parties have agreed that litigation cost awarded to the complainant shall remain the same. It is requested by learned counsel for the parties that impugned order be modified in view of this statement.
In view of above statements of the learned counsel for the parties, directions of the State Commission are modified and following directions are hereby issued :
i. The Appellant is directed to refund the amount of Rs.47,23,000/- to the complainant along with interest @ 9% p.a. from the respective dates of deposits till its realization.
ii. To pay litigation cost of Rs.50,000/- to the complainant.
iii. The entire payment shall be made within 90 days failing which the interest rate shall be 12% p.a. from the respective dates of deposit till its realization.
It is requested by learned counsel for the respondent that money lying deposited with this Commission in view of the order dated 10.08.2017 shall be released to the respondent towards satisfaction of the above order.
Learned counsel for the Appellant submits that he has no objection if the amount lying with this Commission along with interest be released to the respondent / complainant and that balance money, if any, will be paid by the Appellant to the complainant within 90 days.
Registry is directed to release the amount lying deposited along with interest accrued thereon to the complainant / respondent on her application, immediately.
With these directions, the First Appeal stands disposed of.