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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 03.01.2019 of the State Commission in complaint no. 118 of 2019.
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.
On 24.02.2020, at the time of admission, the following Order was made by this Commission:
Dated: 24.02.2020
ORDER
Heard learned counsel for the appellants and learned counsel for the respondents.
Perused the material on record.
The Award made by the State Commission is reproduced below:
The complaint is partly accepted. The opposite parties are directed that they shall pay amount of Rs.24,94,700/- paid to them by complainants within 45 days from the date of receipt of certified copy of this judgment with simple interest of 12% per annum from the date of payment till the date of total payment. Apart from this in prescribed time the opposite parties shall pay Rs.10,000/- to the complainants as cost of litigation.
Learned counsel for the appellants submits, on instructions, that the appellants are ready and willing to refund the amount of 24,94,700/-, and to pay the cost of litigation of Rs.10,000/- awarded by the State Commission, to the complainants, within eight weeks from today.
She further submits, on instructions, that the appeal be restricted and confined to the question of rate of interest only.
The submissions, made during the arguments on admission, are recorded.
The appellants shall refund the amount of Rs.24,94,700/-, and shall pay the cost of litigation of Rs.10,000/- awarded by the State Commission, to the complainants, within eight weeks from today, without fail.
The appeal shall be restricted and confined to the question of rate of interest only.
Issue notice on the application for condonation of delay and on the memo of appeal to the respondents, subject to payment of Rs. 20,000/- to the respondent no. 1 within four weeks from today to defray travel and allied expenses.
The learned counsel for the respondents accepts notice.
Contingent to the amount of Rs.24,94,700/- being refunded to the complainants by the builder co. and the cost of litigation of Rs.10,000/- awarded by the State Commission being paid to the complainants by the builder co., within the submitted and assured period of eight weeks from today, without fail, the operation of the impugned Order dated 03.01.2019 in so far as it relates to interest shall remain stayed till the disposal of this appeal.
It is made clear that the stay on the operation of the impugned Order shall automatically stand vacated if the condition attached with the grant of stay, i.e. refund of the amount of Rs.24,94,700/- and payment of cost of litigation of Rs. 10,000/- to the complainants within eight weeks from today, is not complied with. In such contingency the State Commission shall undertake execution of its Order, in its entirety, as per the law.
List on 22.12.2020 for final hearing.
Both sides are directed to file their respective briefs of written arguments in terms of Regulation 13 (2) of the Consumer Protection Regulations, 2005 at least two days before the next date of hearing with copies in advance to each other.
‘Dasti’, in addition, to facilitate timely compliance.
In reference to the above-quoted Order of 24.02.2020, learned counsel for the builder co. submits, on instructions, that the builder co. has refunded the entire amount of Rs. 24,94,700/- deposited by the complainants and has also paid the cost of litigation of Rs. 10,000/-.
Learned counsel for the complainants confirms, on instructions.
Learned counsel for the builder co. further submits, on instructions, that the builder co. is willing to pay interest at the rate of 10% per annum on the amount of Rs. 24,94,700/- deposited by the complainants and to also pay lumpsum amount of Rs. 2,00,000/- in addition.
Learned counsel for the complainants submits, on instructions, that the afore terms are acceptable to the complainants, provided the compliance in its entirety is made within eight weeks from today and in case of default the amount of Rs. 24,94,700/- deposited by the complainants may carry interest at the rate of 12% per annum in place of 10% per annum.
Learned counsel for the builder co. submits, on instructions, that the award as suggested herein will be complied with in its entirety within eight weeks from today.
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. 24,94,700/- deposited by the complainants with interest at the rate of 10% per annum from the respective dates of deposit till actual realisation and also pay lumpsum amount of Rs. 2,00,000/- and cost of litigation of Rs. 10,000/-.
The amount already paid in compliance of this Commission’s Order dated 24.02.2020 shall be adjusted therein.
The residual amount after adjustment shall be made good within eight weeks from today, failing which the amount of Rs. 24,94,700/- deposited by the complainants shall carry interest at the rate of 12% per annum in place of 10% per annum.
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.