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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2163 OF 2019
 
(Against the Order dated 19/08/2019 in Complaint No. 139/2015 of the State Commission Rajasthan)
1. SAHARA CITY HOMES MARKETING & SALES CORPORATION & 2 ORS.
(SAHARA PRIME CITY LTD) THROUGH MANAGING DIRECTOR (SAHARA INDIA PARIVAR)SAHARA INDIA CENTRE, 2, KAPURTHALA COMPLED, ALIGANJ
LUCKNOW
UTTAR PRADESH 226024
2. MANAGER SAHARA PRIME CITY LTD
JMD PACIFIC SQARE, 1 STORY, NEAR 32 MILESTONE SECTOR 15 PART II, NATIONAL HIGHWAY NO 8
GURGAON
HARYANA
3. SAHARA PRIME CITY LTD
THROUGH REGIONAL MANAGER/DIRECTOR, FRONT OF RADHA SWAMI SATSANG VYAS BILWA TONK ROAD
JAIPUR
...........Appellant(s)
Versus 
1. SHAHIDA KHAN & ANR.
W/O. MOHAMMED ASLAM R/O. 4H, 14, RC VYAS COLONY BHILWARA
2. MOHAMMED ASLAM
S/O. MOHAMMED AYYUB KHAN R/O. 4H, 14, RC VYAS COLONY
BHILWARA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Appellant :
Ms. Neha Gupta, Advocate with
Mr. Rishabh Pant, Advocate
For the Respondent :
Mr. Vijay Pal Sharma, Advocate

Dated : 11 Nov 2022
ORDER

1.   This appeal has been filed under section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 19.08.2019 of the State Commission in complaint no. 139 of 2015.

2.   Heard the learned counsel for the appellants (the ‘builder co.’) and the learned counsel for the respondents (the ‘complainants’). Also perused the record, including inter alia the State Commission’s impugned Order dated 19.08.2019 and the memorandum of appeal.

3.   The matter pertains to a builder-buyer dispute.

On 18.11.2019, at the time of admission, the following Order was made by this Commission:

      Dated : 18.11.2019

ORDER

Heard learned counsel for the appellants – builder co.  Perused the material on record.

In the State Commission’s impugned Order dated 19.08.2019 the following was awarded to the complainants:

  1. Opposite Party shall pay to the complainant a sum of Rs. 17,30,035/- (Rupees Seventeen lakhs Thirty Thousand and thirty five) along with interest at the rate of 15% per annum from the date of deposit by the complainant till the date of filing of the present complaint i.e. 20 November 2015 and interest at the rate of 9% per annum from the date of filing of the complaint i.e. 20 November 2015.
  2. Opposite Party shall pay to the complainant a sum of Rs. 2,00,000/- (Two Lakhs) towards compensation of mental harassment and Rs. 20,000/- (rupees twenty thousand) towards litigation expenses along with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 20 November 2015 within two months from the date of passing of this award.

     Learned counsel for the appellants – builder co. submits, on instructions, that the appellants - 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. 20,000/- to the complainant within eight weeks from today.

If the entire amount deposited by the complainant is refunded with interest @ 8% p.a. from the dates of respective deposits till its realisation and cost of litigation of Rs. 20,000/- is paid to the complainants 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 appellants – builder co. fails to comply with the afore submission within the stipulated 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 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

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