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Judgment
This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 21.02.2019 of the State Commission in complaint no. 677 of 2018.
Repeatedly called out, intermittently. No one appears on behalf of the appellant (the ‘complainant’) to pursue the appeal. Mr. Karan Rajpurohit, learned counsel is present on behalf of the respondents (the ‘builder co.’).
The matter pertains to a builder-buyer dispute. The State Commission vide its impugned Order dated 21.02.2019 has ordered the builder co. to refund an amount of Rs.12,32,024/- deposited by the complainant with interest at the rate of 12% per annum from the respective dates of deposit till realization along with Rs.30,000/- as lumpsum compensation for mental agony and harassment inclusive of litigation expenses. The present appeal has been filed by the complainant seeking enhancement in compensation.
Learned counsel for the builder co. submits on instructions that the State Commission’s Order has been complied with in its entirety.
Be that as it may.
In the absence of the appellant-complainant the instant appeal no. 885 of 2019 is dismissed in default for lack of prosecution.
However, if, in fact, the State Commission’s impugned Order has not been complied with till now, the builder co. shall comply with the same in its entirety within two weeks from today positively, failing which the State Commission shall forthwith undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.
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.