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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8819 OF 2019

(Arising out of SLP (C) No.10415 of 2019)

BALASAHEB SOPANRAO POKALE APPELLANT(S)

VERSUS

MANDATAI ASHOKARO SATHE RESPONDENT(S)

O R D E R

Leave granted.

This appeal arises from a judgment of the National Consumer

Disputes Redressal Commission dated 3 January 2019. The

respondent instituted a consumer complaint before the District

Consumer Disputes Redressal Forum at Nashik claiming that there

was a deficiency of service on the part of the appellant as it failed to

abide by the terms of the agreement for sale of a residential flat.

The District Forum allowed the complaint in the following

terms:

“The opponent will complete the construction of Flat

No.16 in “Rushikesh Apartment” and hand over

possession to the applicant within one month times from

the date of order and the sale deed be registered with own

costs in favour of the applicant. Also all other documents

be fulfilled.

Digitally signed by

ASHOK RAJ SINGH

Date: 2019.11.25

12:17:00 IST

Reason:

Signature Not Verified

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Otherwise, to pay the amount of Rs.3,00,000/-

(Rupees Three Lakhs only) and penal simple interest at the

rate of 18% thereon from 23.12.2004 till full and final

payment to the applicant, if it is not possible to hand over

possession and registration of Sale Deed.

The opponent will pay the costs of Rs.1,000/-

(Rupees One Thousand Only) to the applicant.”

The appellant unsuccessfully pursued an appeal before the

State Consumer Disputes Redressal Commission. Against the

dismissal of the appeal, the appellant filed a revision before the

National Consumer Disputes Redressal Commission which was

dismissed on 3 January 2019.

Notice was issued by this Court on 29 April 2019 confined to the

quantum of interest. This Court also granted stay on the execution of

the decree conditional on the appellant depositing an amount of

Rs.3,00,000/- (Rupees Three lakh only) before the District Consumer

Disputes Redressal Forum.

Learned counsel appearing on behalf of the appellant states

that the order for deposit has been complied with and deposit has

been effected on 20 May 2019. A copy of the receipt has been

produced.

In pursuance of the notice issued by this Court, the respondent

has entered appearance and has filed a counter affidavit.

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The interests of justice would be served if the rate of interest

which was awarded by the District Forum is fixed at twelve per cent

instead of eighteen per cent per annum.

Hence, we modify the order passed by the District Forum by

directing the appellant to pay interest computed at the rate of twelve

per cent per annum. The respondent would be at liberty to withdraw

the amount of Rs.3,00,000/- (Rupees Three lakh only) deposited in

pursuance of the order of this Court dated 29 April 2019, in partial

satisfaction of the decretal claim.

The appeal is allowed to the aforesaid extent. There shall be

no orders as to costs.

The rest of the amount shall be paid to the respondent within

one month.

.................................................J.

(DR. D.Y.CHANDRACHUD)

..................................................J.

(HRISHIKESH ROY)

NEW DELHI

NOVEMBER 18, 2019.

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ITEM NO.42 COURT NO.8 SECTION XVII-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).10415/2019

(Arising out of impugned final judgment and order dated 03-01-2019

in RP No. 1264/2015 passed by the National Consumers Disputes

Redressal Commission, New Delhi