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Judgment
This appeal under section 19 of the Act 1986 is in challenge to the Order dated 21.03.2019 of the State Commission in complaint no. 639 of 2017.
Heard the learned counsel for the appellant (opposite party) and for the respondents (complainants). Perused the record.
The award made by the State Commission as contained in the operative portion of its impugned Order of 21.03.2019 is reproduced below:
Complaint No. 639/2017 is allowed directing the opposite party to pay a sum of Rs.28,30,000/- with interest at the rate of 12% per annum from the date of payment till realisation.
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Further Opposite Party is also directed to pay compensation of Rs.2,00,000/- and cost of Rs.25,000/- to the complainant/s in both the cases.
Taking reference in the said award learned counsel for the appellant (opposite party) submits on instructions that the appellant (opposite party) is willing to refund the amount of Rs.28,30,000/- to the respondents (complainants) with interest at the rate of 9% per annum from the respective dates of deposit till actual realization and to pay lumpsum compensation of Rs.2,00,000/- and cost of litigation of Rs. 25,000/- within six weeks from today.
Learned counsel for the respondents submits on instructions that the afore terms are acceptable to the respondents.
In the wake of the above submissions nothing further survives in this appeal and the same is disposed of with the direction that the award made by the State Commission is modified to the extent that an amount of Rs.28,30,000/- shall be refunded by the opposite party to the complainants with interest at the rate of 9% per annum from the respective dates of deposit till actual realization along with lumpsum compensation of Rs.2,00,000/- and cost of litigation of Rs. 25,000/- within six weeks from today, failing which the State Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.
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 facilitate timely compliance.