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Judgment
Heard learned counsel for both sides. Perused the record.
In the interest of justice, to provide fair opportunity to the appellant complainant, to settle the matter on merit, the delay in filing the appeal is condoned.
The State Commission vide its impugned Order dated 02.03.2020 had allowed the complaint. Vide para 22 of its said Order, it had made the following award:
Accordingly, the complaint is allowed and following directions are issued to the opposite party:
i) to refund the amount of Rs. 11,71,800/- to the complainant, along with interest at the rate of 8% per annum from the respective dates of deposit till realization; and
ii) to pay Rs. 10,000/, as compensation on account of mental agony and harassment suffered by the complainant, including litigation expenses.
This appeal has been filed by the appellant complainant on the short point of enhancement in the rate of interest from 8% per annum to 12% per annum, awarding lumpsum compensation of Rs. 5,00,000/- and enhancing the cost of litigation to Rs.70,000/-.
Learned counsel for the respondent development authority submits that the award made by the State Commission has been complied with. Learned counsel for the appellant complainant confirms.
It is inter alia noted that the respondent is a government development authority, created for public good. It has already complied with the award.
In the facts and specificities of the present case, rate of interest of 8% per annum on the amount deposited appears equitable and reasonable; as interest on the amount deposited has been allowed, lumpsum compensation in addition is not warranted; cost of litigation of Rs. 10,000/- appears reasonable.
There is no reason evident to modify the award made by the State Commission.
The appeal is dismissed.