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Judgment
Sudip Ahluwalia, Member
This Appeal has been filed under Section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 23.10.2018 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur, in complaint No. 01 of 2018.
Heard the Ld. Counsel for the Appellants (the ‘Builder Company’) and the Ld. Counsel for the Respondent (the ‘Complainant’). Perused the record.
The matter pertains to a builder-buyer dispute. The award made by the State Commission vide its impugned Order of 23.10.2018 is reproduced below for reference-
“In view of the above, the complaint is allowed and the Complainant is entitled to get Rs. 26,08,929/- alongwith 15% interest from the date of each deposit. The Complainant is further entitled to get Rs. 2 lakhs as compensation for mental agony and Rs. 50,000/- as cost of proceedings which should be paid to the Complainant within one month otherwise it will carry 9% interest from the date of the order.”
The Ld. Counsel for the builder Company submits, on instructions, that the builder Company is willing to refund the amount of Rs. 26,08,929/- deposited by the Complainant with interest at the rate of 10.5% per annum from the respective dates of deposit till actual realisation along with lumpsum compensation of Rs. 2,00,000/- and cost of litigation of Rs. 50,000/-.
Learned counsel for the Complainant submits, on instructions, that the afore terms are acceptable to the Complainant, provided the compliance in its entirety is made within six weeks from today and in case of default the amount of Rs. 26,08,929/- deposited by the Complainant may carry interest at the rate of 12% per annum in place of 10.5% per annum.
Learned counsel for the builder Company submits, on instructions, that the award as suggested herein will be complied with, in its entirety within six weeks from today.
In the wake of the above submissions, the Appeal is disposed of with the following directions:
a. The award made by the State Commission is modified to the extent that the builder Company shall refund the amount of Rs. 26,08,929/- deposited by the Complainant with interest @ 10.5% per annum from the respective dates of deposit till actual realisation along with Rs. 2,00,000/- as lumpsum compensation and Rs. 50,000/- as cost of litigation;
b. The entire payment shall be made good within six weeks from today, failing which the amount of Rs. 26,08,929/- deposited by the Complainant shall carry interest at the rate of 12% p.a. in place of 10.5% p.a.;
c. Any payment(s) already made by the Appellants to the Respondent/Complainant after filing of this complaint, or in compliance of the direction passed by this Commission on 13.3.2020, shall be excluded from the amount refundable to the Complainant, and shall also be exempted from any interest liability upto that amount from the date(s) on which such payment(s) shall/were actually made;
d. In the event of failure of the Appellant/builder Company to pay the entire admissible amount of the Respondent/Complainant within the stipulated time in terms of Para 6 above, any outstanding payment(s) shall attract interest @ 12% p.a. till the date of its final realisation.
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 Ld. Counsel as well as to the State Commission immediately.
Pending application(s), if any, also stand disposed off as having been rendered infructuous.