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Judgment
This appeal has been filed under section 51 of The Consumer Protection Act, 2019 in challenge to the Order dated 13.03.2020 of the State Commission in complaint no. 94 of 2019.
Heard the learned counsel for the appellants (the ‘builder co.’) and the learned counsel for the respondent (the ‘complainant’). Perused the record.
The matter pertains to a builder-buyer dispute.
The State Commission vide its impugned Order of 13.03.2020 has made the following award:
In view of the above, the complaint is allowed and the complainant is entitled to get Rs. 40,91,166/- 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.
Learned counsel for the builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs. 40,91,166/- 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. 40,91,166/- 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 co. 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:
The award made by the State Commission is modified to the extent that the builder co. shall refund the amount of Rs. Rs. 40,91,166/- 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 Rs. 2,00,000/- as lumpsum compensation and Rs. 50,000/- as cost of litigation.
The entire payment shall be made good within six weeks from today, failing which the amount of Rs. Rs. 40,91,166/- deposited by the complainant shall carry interest at the rate of 12% per annum in place of 10.5% 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.