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Tribunals and CommissionsSingle Bench(2021) 03 NCDRC CK 0035

Pushpa Tyagi & Anr. vs Merino Shelters Pvt. Ltd.

National Consumer Disputes Redressal Commission · Decided on 11 March 2021

HON’BLE JUDGES
Deepa Sharma, Presiding Member
CASE NUMBER
Consumer Case No. 1232 Of 2017

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Judgment

5 paragraphs · 350 words

Admitted facts in the Complaint are that the Complainant are the joint allottees of unit No. 1902 on 19th floor in the project called "Man Valley Vista"situated at Nerul Navi Mumbai, Maharashtra. Complainant paid a sum of Rs. 61,00,000/- to the Opposite Party on different dates for the said flat. However, Opposite Party could not deliver the possession of the flat within the stipulated period. Hence the Complaint was filed.

2.

Ld. Counsel for parties have submitted that this case is covered with order dated 27.08.2019 passed in Consumer Complaints No. 1377-80 of 2015 Jayanti Mitra & Ors. Vs. Merino Shelters Pvt. Ltd. It is submitted that the order has not been challenged and had attained finality. Ld. Counsel for the Complainant also argued that since in the Written Statement and other places Opposite Party had offered to refund of money with interest @ 9% per month, while ordering refund the Opposite Party shall be directed to pay interest @ 9% per month. Ld. Counsel appearing on behalf of the Opposite Party submits that it is a typographical error which had occurred and actually they had offered to the Complainant interest @ 9% per annum and now since it is a covered case the interest @ 10% p.a. be awarded to the Complainant. It is also prayed that it is purely a typographical error and should be ignored. Ld. Counsel for Complainant, on the instructions also submits that it should be considered a typing mistake and interest @ 10% p.a. be awared to them.

3.

I am satisfied that the present case is covered case and findings and directions in Jayanti Mitra & Ors. Vs. Merino Shelters Pvt. Ltd.(supra) needs to be followed.

ORDER

The Complaint stands disposed of with the direction that the Opposite Party shall refund the deposited amount of Rs. 61,00,000/- along with interest @ 10% p.a. from the date of respective deposits till the date of payment. The Opposite Party shall also pay to the Complainant litigation costs of Rs. 20,000/-. The Opposite Party is directed to comply with this direction within 10 weeks from today.