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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S.M. Kantikar, Presiding Member and Dinesh Singh, Member
Sahara Prime City Ltd. —Appellant
versus
Maya Jaiswal and Ors. —Respondents
First Appeal No.100 of 2019
(Against the Order dated 13/07/2018 in Complaint No. 108/2015 of the State Commission Uttar Pradesh)
Decided on 9.12.2020
Counsel for the Parties:
For the Appellant:Ms. Neha Gupta, Advocate
For the Respondents:Mr. Anil Kumar Mishra, Advocate
IMPORTANT POINT
Interest shall be calculated from date of deposit till date of payment.
Headnote:
Consumer Protection Act, 1986 – Section 21 [Consumer Protection Act, 2019 – Section 51] – Real estate – In State Commission’s impugned Order it was directed that opposite party shall deliver possession of unit to complainant within 2 months and get done its registration as per rule – It due to any inevitable reason opposite party cannot deliver possession of flat then it shall allot flat of equal area in any other of its scheme if allottee gives his consent and deliver possession within two months and got done registry – If both options could not be possible due to inevitable reasons then opposite party shall return amount deposited by complainant to him with 15% interest – Interest shall be calculated from date of deposit till date of payment – Complainant will be entitled to get amount of Rs. 2,00,000/- – First residual question in this appeal is rate of interest over and above 8% p.a. which would be reasonable and equitable in facts and circumstances of case – Appellant builder shall refund entire amount deposited by respondents complainants with 10% interest from respective dates of deposits till its realisation – Appellant builder shall pay lump sum compensation of Rs. 2,00,000/- – Appellant builder shall pay cost of litigation of Rs. 5,000/- – Appellant builder shall pay sum of Rs. 15,000/- to defray travel and allied expenses.
Held: It due to any inevitable reason the opposite party cannot deliver possession of flat as aforesaid then it shall allot flat of equal area in any other of its scheme if allottee gives his consent and deliver possession within two months and got done registry;
If above both options could not be possible due to inevitable reasons then the opposite party shall return the amount deposited by complainant to him with 15% interest. The interest shall be calculated from the date of deposit till the date of payment;
The complainant will be entitled to get amount of Rs. 2,00,000/- (Two lakh) from opposite party as compensation for mental and financial loss;
The first residual question in this appeal is the rate of interest over and above 8% p.a. which would be reasonable and equitable in the facts and circumstances of the case.
It is ordered that the appellant builder co. shall refund the entire amount deposited by the respondents complainants with interest @ 10% p.a. from the respective dates of deposits till its realisation.
The appellant builder co. shall pay lumpsum compensation of Rs. 2,00,000/-.
The appellant builder co. shall pay cost of litigation of Rs. 5,000/-.
The appellant builder co. shall pay sum of Rs. 15,000/- to defray travel and allied expenses.
The amount already paid in compliance of this Commission’s Order dated 13.12.2019 shall be adjusted therein.
The residual amount due after adjustment shall be made good within a period of four weeks from today without fail.
The appellant builder co. shall furnish a clear and cogent calculation sheet to the State Commission to confirm refund of the entire amount deposited by the respondents complainants with interest @ 10 % p.a. from the respective dates of deposits till its realisation, payment of lumpsum compensation of Rs. 2,00,000/-, payment of cost of litigation of Rs. 5,000/- and payment of sum of Rs. 15,000/- to defray travel and allied expenses, after adjustment of the amount already paid in compliance of this Commission’s Order of 13.12.2019, within the same period of four weeks from today. (Paras 2, 3, 4, 8 and 15)
Result: Appeals disposed of.
ORDER
Taken up through video conferencing.
1. Heard learned counsel for the appellant builder co. and learned counsel for the respondents complainants.
Perused the material on record.
I.A. No. 7199/2020
2. The previous Order dated 13.12.2019 reads as below:
R.A. No. 307 of 2019 in F.A. No.100 of 2019
Heard learned counsel. Perused the record.
For the reasons stated in the R.A., and considering the personal difficulty of the learned counsel as mentioned therein, and in the interest of justice, the R.A. is allowed, the Order dated 09.08.2019 is recalled, and the appeal is restored.
F.A. No. 100 of 2019
Heard learned counsel. Perused the material on record.
In the State Commission’s impugned Order dated 13.07.2018 the following was awarded to the complainant:
The complaint stands accepted and the opposite party is directed as per following:-
1. The opposite party shall deliver possession of unit No. B-29/603 to complainant within 2 months and get done its registration as per rule;
2. It due to any inevitable reason the opposite party cannot deliver possession of flat as aforesaid then it shall allot flat of equal area in any other of its scheme if allottee gives his consent and deliver possession within two months and got done registry;
3. If above both options could not be possible due to inevitable reasons then the opposite party shall return the amount deposited by complainant to him with 15% interest. The interest shall be calculated from the date of deposit till the date of payment;
4. The complainant will be entitled to get amount of Rs. 2,00,000/-
(Two lakh) from opposite party as compensation for mental and financial loss;
5. The complainant shall get Rs. 5000/- as costs of litigation from the opposite party.
Learned counsel for the appellant builder co. submits, on instructions, that the appellant builder co. is ready and willing to refund the entire amount deposited by the complainants with interest @ 8% p.a. from the dates of respective deposits till its realisation and to pay cost of litigation of Rs. 5,000/- to the complainant within eight weeks from today.
If the entire amount deposited by the complainants is refunded with interest @ 8% p.a. from the dates of respective deposits till its realisation and the cost of litigation of Rs. 5,000/- is paid to the complainants, within eight weeks from today, as per the afore submission, the operation of the impugned Order of the State Commission in so far as it relates to payment of interest over and above 8% p.a. and compensation shall remain stayed till the disposal of this appeal.
It is made clear that if the appellant builder co. fails to comply with the afore submission within the assured period of eight weeks from today, the State Commission shall proceed for execution of its Order in its entirety as per the law.
Issue notice again on the application for condonation of delay and on the memo of appeal to the respondents, subject to payment of Rs. 15,000/- to the respondent no. 1 directly in her name by way of demand draft to cover travel and allied expenses within a period of four weeks from today.
Learned counsel for the respondents accepts notice.
List the matter for further hearing on 05.10.2020.
‘Dasti’, in addition, to facilitate timely compliance.
3. In reference to the above-quoted Order of 13.12.2019, learned counsel for the appellant builder co. submits, on instructions, that the appellant builder co. has refunded the entire amount deposited by the respondents complainants with interest @ 8% p.a. from the respective dates of deposits till its realisation. There was delay of about one month over and above the stipulated period of eight weeks in making the said refund with the said rate of interest; however, the interest was calculated uptil the actual date of making the refund. The cost of litigation of Rs. 5,000/- and sum of Rs. 15,000/- to defray travel and allied expenses were also paid. A calculation sheet has been adduced before the State Commission. Learned counsel requests that
