SAHARA PRIME CITY LTD Vs. ASHUTOSH JAISWAL
LAWS(NCD)-2020-12-15
NCDRC
Decided on December 09,2020

SAHARA PRIME CITY LTD Appellant
VERSUS
Ashutosh Jaiswal Respondents

JUDGEMENT

- (1.) Taken up through video conferencing. 1. Heard learned counsel for the appellant builder co. and learned counsel for the respondents complainants. Perused the material on record. I.A. No. 7198/2020
(2.) The previous Order dated 13.12.2019 reads as below: R. A. No. 306 of 2019 in F.A. No. 99 of 2019 Heard learned counsel. Perused the record. For the reasons stated in the R.A., and considering the personal difficulty of the learned counsel as mentioned therein, and in the interest of justice, the R.A. is allowed, the Order dated 09.08.2019 is recalled, and the appeal is restored. F.A. No. 99 of 2019 Heard learned counsel. Perused the material on record. In the State Commission's impugned Order dated 13.07.2018 the following was awarded to the complainant: The complaint stands accepted and the opposite party is directed as per following:- 1. The opposite party shall deliver possession of unit No. B-29/803 to complainant within 2 months and get done its registration as per rule; 2. It due to any inevitable reason the opposite party cannot deliver possession of flat as aforesaid then it shall allot flat of equal area in any other of its scheme if allottee gives his consent and deliver possession within two months and got done registry; 3. If above both options could not be possible due to inevitable reasons then the opposite party shall return the amount deposited by complainant to him with 15% interest. The interest shall be calculated from the date of deposit till the date of payment; 4. the complainant will be entitled to get amount of Rs. 2,00,000/- (Two lakh) from opposite party as compensation for mental and financial loss; 5. The complainant shall get Rs. 5000/- as costs of litigation from the opposite party. Learned counsel for the appellant builder co. submits, on instructions, that the appellant 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. 5,000/- to the complainants within eight weeks from today. If the entire amount deposited by the complainants is refunded with interest @ 8% p.a. from the dates of respective deposits till its realisation and the cost of litigation of Rs. 5,000/- is paid to the complainants, within eight weeks from today, 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 appellant builder co. fails to comply with the afore submission within the assured 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 again 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 his name by way of demand draft to cover travel and allied expenses within a period of four weeks from today. Learned counsel for the respondents accepts notice. List the matter for further hearing on 05.10.2020. 'Dasti', in addition, to facilitate timely compliance.
(3.) In reference to the above-quoted Order of 13.12.2019, learned counsel for the appellant builder co. submits, on instructions, that the appellant builder co. has refunded the entire amount deposited by the respondents complainants with interest @ 8% p.a. from the respective dates of deposits till its realisation. There was delay of about one month over and above the stipulated period of eight weeks in making the said refund with the said rate of interest; however, the interest was calculated uptil the actual date of making the refund. The cost of litigation of Rs. 5,000/- and sum of Rs. 15,000/- to defray travel and allied expenses were also paid. A calculation sheet has been adduced before the State Commission. Learned counsel requests that the time taken over and above the stipulated period of eight weeks be condoned.;


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