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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 30.11.2018 of the State Commission in complaint no. 206 of 2015.
Ms. Yashodhara Gupta, learned advocate appears as proxy counsel for the appellant (the ‘builder co.’). She makes her submissions on instructions.
The respondent (the ‘complainant’) appears in person.
We have heard the learned proxy counsel for the builder co. and the complainant in person and have perused the record.
The matter pertains to a builder-buyer dispute.
The award made by the State Commission as contained in para 20 of its impugned Order of 30.11.2018 is reproduced below for reference:
In view of above discussion, the present complaint is allowed and the OP is directed to refund the entire amount of Rs. 42,24,063/- to the complainants alongwith interest @10% per annum from the date of receipt of each payment till realization. There is no separate order for compensation as interest has been awarded in the form of compensation.
Learned proxy counsel for the builder co. submits, on instructions, that the entire deposited amount of Rs. 42,24,063/- has been refunded by the builder co. to the complainant by 10.02.2020. She also submits, on instructions, that the builder co. is willing to pay interest at the rate of 10% per annum on the said amount of Rs. 42,24,063/- for the period from 01.11.2011 to 15.02.2020. She further submits that the balance amount, after adjustment of the amount already paid, will be made good within six weeks from today.
Learned counsel also requests that this case may not be treated as a precedent.
The complainant in person confirms receipt of the amount of Rs. 42,24,063/- by 10.02.2020. He further submits that the terms being offered by the builder co. are acceptable to him.
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. 42,24,063/- deposited by the complainant with interest at the rate of 10% per annum for the period from 01.11.2011 to 15.02.2020. The amount already paid shall be adjusted therein. The residual amount, after adjustment of the amount already paid, shall be made good 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 both sides.