Appeal filed on: 74.02.2O23 Appeal disposed on: 17 .02.2026 THE I(ARNATAI(A STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (ADD.BENCHI DATED THTS THE 17th DAY OF I'EBRUARY,2026 sc l2e I A12e812023 PRESENT CORAM: HON'BLE SRI RAVI SHANKAR, JI,DICIAL MEMBER HON'BLE SMT. SUNITA C.BAGEWADI, LADY MEMBER

1. Mrs. Nailah Patanwala W/o Javid Ahmed, Aged about 45 years, ... Appellant/s R/at 14, Park Road, Off Queens Road, Tasker Town, Bengaluru - 560 001.

(Bg SrT.M.Mohan Kumar, Adrncate)

v/s

1. M/s Mantri Developer Private LTD Having it registered Oflice No.41, Vittal Maliya Road, Bangalore-560 O01 By its Manging Direcor. ...Respondent/s Sushil Pandurang Mantri The Managing Director/ Director

2. Mls Mantri Developer Private Ltd No. 4 i, Vittal Mallya Road, Bangalore-560 001.

(Bg Stt.Mrttz.H Prusa4 A&ncatc)

ORDER BY HON'BLE SRI.RAVISHANKAR, JI'DICIAL MEMBER The Appellant/ Complainant filed this appeal against tJre District Consumer Disputes Redressal Commission, Bangalore (Urban) in complaint No.l6l2022 dated 29.12.2022 and prays to scl29lAl2e8l2023 allow the appeal and set aside the order passed by the District Commission in the interest of ^justice and equity.

2. Heard from Leamed Counsel for Appellant. Learned Counsel for Respondents prays time and no grounds made out. The learned counsel for appellant submits that they have initiated the claim before District Commission for non compliance of the agreement and sought for refund of the amount paid with interest @ l8o/o, The District Commission after appreciating the documents produced by both the parties had allowed the complaint and directed this respondent to pay an amount of Rs.29,1O,724l- along with interest @ LOo/o from the date of complaint till realization. In fact the entire amount was paid to the respondent as and on they demanded and the total amount was paid within September 2018. Whereas, the District Commission fails to appreciate the said dates of pa5rments and only directed to pay the interest from the date of complaint. The order requires for modilication as the amount paid earns interest from tlle date of payment itself. Hence, prays to modified the orders by imposing interest @ LOo/o from the respective payment and after same time the respondent had not complied the order far.

so Hence, prays to impose fUrther interest on the said amount in the interest of ^justice and equity.

3. Perused the certified copy of tJ:e order and memorandum of appeal it is an admitted fact that no development was shown and scl2e l A129812023 possession was not given. The District Commission after appreciating tJle facts had allowed the complaint directed to pay the amount paid by the complainant to the tune of Rs.29,LO,724/- with interest @ lOo/o from the date complaint. In fact, the interest has to be payable from the date of respective palrments. When there is a fault on the part of the respondents the amount has to be repaid with interest from respective payments. Hence, the order passed by the District Commission is requires modified. Accordingly, tJle appeal is disposed off with below modification. Hence, we proceed to pass the following:-

ORDER The appeal is hereby disposed off with modification.

The impugned order dated 29.12.2O22 passed by the District Consumer Disputes Redressal Commission, Bangalore (Urban) CC.No16/2022 is modified as under;

The Respondent/Opposite Party is directed to pay an amount of Rs.29,10,7241- along with interest @ l0o/o from the date of respective payment till realization.

Furtlrer, Respondent/Opposite Party is directed to pay an amount of Rs.5,0O,0OO/ - as a compensation for deficiency in service and unfair trade practices and Rs.l0,00O/- towards litigation expenses to the complainant.

sc 129 I A129812023 The Respondent/Opposite Party shall comply with the above order within 3O days from the date of this order. Failing which, the above said amount shall carry interest rtll @l2o/o realization.

Send a copy of this order to both parties as well as concerned District C