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2021 Supreme(SC) 954

UDAY UMESH LALIT, HRISHIKESH ROY
Shreyans Jain – Appellant
Versus
Arijit Bhattacharyya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rabin Majumder, Adv., Ms. Akansha Srivastava, Adv., Mr. Joydeep Mukherjee, AOR
For the Respondent: Mr. Sanjay Mukherjee, Adv., Ms. Komal Sorout, Adv., Mr. Rajan Kumar Singh, AOR

ORDER :

1. Delay condoned.

2. Leave granted.

3. This appeal arises out of the judgment and order dated 24.01.2019 passed by the National Consumer Disputes Redressal Commission, New Delhi (‘The National Commission’, for short) in First Appeal No. 901 of 2017.

4. While disposing of Complaint Case No. CC/14/2012 preferred by respondent Nos. 1 and 2 herein, the State Consumer Disputes Redressal Commission (‘The State Commission’ for short) had directed:

    "That the complaint is allowed on contest against OP Nos. 1 to 7 with cost of Rs.10,000/-to be paid by OP No.1/developer in favour of the complainants and dismissed against OP No.8 without any order as to costs.

    The OP Nos. 1 & 2 are jointly and severally directed to refund Rs.5,91,150/- alongwith interest thereon @18% p.a. in favour of the complainants from the date of receipt of the same till its full realization. The OP Nos. 1 & 2 are also directed to make payment of Rs.1,00,000/- as compensation and Rs. 50,000/-as penal damages to the complainants. All the payments must be made within 30 days from date, otherwise the amount of compensation and litigation cost shall carry interest @ 9% p.a. from this date till its realisation.

    The OP Nos. 1

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