ORDER

PER A.P. SAHI, J., PRESIDENT

This appeal has been heard at the admission stage as notices had been issued earlier on 01.05.2024.

Learned counsel for the opposite party/respondent has appeared and has contested the appeal urging that the impugned order dated 09.02.2024 passed by the SCDRC Rajasthan (hereinafter referred to as the State Commission) does not require any interference for entertaining of this appeal in the background of the case.

Learned counsel for the complainant/appellant has advanced his submissions contending that the State Commission has committed an error by nonsuiting the complainant/appellant on the ground that she is not a ‘consumer’ and secondly has erroneously applied the principles of res judicata that are not applicable on the facts of the present case.

On merits, learned counsel contends that as agreed, the refund in respect of the property booked by the complainant/appellant was made as per the terms of the settlement before the National Company Law Tribunal (NCLT) but it was not honoured timely, and on account of such delay, a sum of Rs.80,48,425/- is liable to be paid as interest. The complaint has therefore been filed for realization of this interest