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Judgment
This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 14.05.2019 of the State Commission in complaint no. 112 of 2018.
Heard the learned counsel for the appellants (the ‘builder co.’) and the learned counsel for the respondents (the ‘complainants’).
Perused the record.
The matter pertains to a builder-buyer dispute.
Vide its Order dated 14.05.2019 the State Commission has made the following award:
On the basis of above conclusion the complaint stands accepted partly and opposite parties are directed that the opposite parties shall refund deposited amount of complainants Rs. 62,33,800/- to complainants with interest at the rate of 18% per annum from the date of deposit till the date of payment and also shall pay Rs. 10,000/- as costs of litigation to the complainants.
Learned counsel for the builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs. 62,33,800/- deposited by the complainants with interest at the rate of 10.5% per annum from the respective dates of deposit till actual realisation along with Rs. 10,000/- as cost of litigation within eight 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. 62,33,800/- deposited by the complainants with interest at the rate of 10.5% per annum from the respective dates of deposit till actual realisation along with Rs. 10,000/- as cost of litigation within eight 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.