Appeal filed on: 14.02.2023 Appeal disposed on: 17 .O2.2026 THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSTON, BANGALORE (ADD.BENCHI DATED THTS THE 17th DAY OF FEBRUARY,20/26 scl2e Alzee l2023 l PRESENT CORAM: HON'BLE SRI RAVI SHANXAR, JI,DICIAL MEMBER HON'BLE SMT. SUNITA C.BAGEWN)I, L/U)Y MEMBER

1. MR.JoshyPV, S/o P.O Varghese, Aged about 57 years.

2. Smt. ShobhaJoshy. ... Appellant/s W/o P.V. Joshy, Aged about 48 years, R/a No.426, Sth A Cross, 2"d block, HRBR layout, Kalyannagar, Bangaluru-560043.

(By Srl-M.Mohdn Kumo4 Adrncate)

Yla l.

M/s Mantri Developer Private LTD Having it registered OIEce No.41, Vittal Mallya Road, Banealore-560 00 1 By its Manging Direcor. ..,Respondent/s

2. Sushil Pandurang Mantri The Managing Director/ Director M/s Mantri Developer Private Ltd No. 41, Vittal Mallya Road, Bangalore-560 001.

(Bg SrT.Murali Prasad., Adrncate)

sc 129 I A l2ee 12023 ORDER BY HON'BLE SRI JT'DICIAL MEMBER The Appellants/Complainants filed this appeal against the District Consumer Disputes Redressal Commission, Bangalore (Urban) in complaint No.564/2O21 dated 05.12.2022 and prays to allow the appeal and set aside tlre order passed by the District Commission in the interest of justice and equity.

2. Heard from Learned Counsel for Appellants. Learned Counsel for Respondents prays time and no grounds made out. The learned counsel for appellants 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.27,00,000/- along with interest @ lO%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 payments and only directed to pay the interest from the date of complaint. The order requires for modification as the amount paid earns interest from the date of payment itself. Hence, prays to modified the orders by imposing interest @ LO% from the respective pa5rment a sc 129 I Al29e 12023 and after same time the respondent had not complied the order so far. Hence, prays to impose further interest on the said amount in the interest of ^justice and equity.

3. Perused the certified copy of the order and memorandum of appeal it is an admitted fact that no development was shown and possession was not given. The District Commission after appreciating the facts had allowed the complaint directed to pay the amount paid by the complainant to the tune of Rs.27,00,00O/- with interest @ 10% from the date complaint. In fact, the interest has to be payable from the date of respective payments. When there is a fault on the part of the respondents the amount has to be repaid with interest from respective pa5rments. Hence, the order passed by the District Commission is requires modifred. Accordingly, the appeal is disposed off with . ^{below modilication. Hence, we proceed to pass the following: -}

ORDER The appeal is hereby disposed off with modiiication.

The impugned order dated 05.12.2022 passed by the District Consumer Disputes Redressal Commission, Bangalore (Urban) CC.No.564 l2O2I is modified as under;

/ J scl29lAl299l2O23 The Respondent/Opposite Party is directed to pay an amount of Rs.27,00,000/- along with interest @ lOYo from the date of respective payment till realization.

Further, Respondent/ Opposite Party is directed to pay an amount of Rs.5,00,000/- as a compensation for deficiency in service and unfair trade practices and Rs.IO,OOO/- towards litigation expenses to the complainant.

The Respondent/ Opposite Party shall comply with the above order within 30 days from the date of this order. Failing which, the above said amount shall carry interest till @l2o/o realization.

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