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Judgment
APPELLANT was the complainant before the State Commission where he had filed a complaint alleging deficiency in service, which was dismissed by the State Commission, hence this appeal.
UNDISPUTED facts of the case are that the respondent / complainant had booked a Duplex Bungalow with the appellant at Vaddem, Vasco De Gama, Goa, for a consideration of Rs. 3,40,000. Admitted position is that complainant had paid in all Rs. 2,35,000. When the additional demand was made, the complainant decided to visit the spot and found that there was a ''Cross'' along with construction surrounding. It was standing right on the main access leading to the Duplex Bungalow. It is in these circumstances, a complaint was filed. The State Commission after hearing the parties passed the following order: "1. The opposite party is directed to refund the sum of Rs. 2,35,000. 2. The opposite party shall pay compensation to the complainant which is calculated at 50% p.a. on the various amounts paid by complainant to the opposite parties from the dates of those payments till the date of refund."
Aggrieved by this order, this appeal has been filed before us.
We heard the learned Counsel for the parties at some length. It is admitted position that till today, not to say at the time of filing of complaint, this Cross had not been removed. Access to Duplex Bungalow has not been facilitated. If in these facts and circumstances, the complainant asked for refund of money along with interest, it cannot be said to be unfair on the part of the complainant.
IN the circumstances enumerated above, when there is no access possible to the Duplex Bangalow, the State Commission was justified in directing to refund of money. However, the second para of the relief given cannot be sustained. IN such circumstances, the complainant / respondent shall be entitled to interest @ 18% p.a. from the respective dates of deposit till the date of payment, which should be made within a period of 6 weeks from the date of passing of this order. If this order is not complied with, the complainant shall be free to proceed under Sections 25/27 of the Consumer Protection Act. The appeal stands disposed of in above terms. Appeal disposed of.