Decided on February 05,2020



Prem Narain ,J. - (1.) The first appeal No.30 of 2015 has been filed by the original complainants against the order dated 28.11.2014 and first appeal No.133 of 2015 has been filed by the original opposite parties against the same impugned order dated 28.11.2014 passed by the State Consumer Disputes Redressal Commission, Maharashtra, (in short 'the State Commission') in Consumer Complaint No.137 of 2010. As these are cross appeals, the parties will be referred to as mentioned in the order of the State Commission. The complainants booked a flat with opposite parties and as per the builder-buyer agreement the possession was to be given in November, 2009 and amount of Rs.29,60,600/- has been paid by the complainants to the opposite parties, however, the possession of the flat was not delivered to the complainants and therefore, the complainants filed the consumer complaint bearing No.137 of 2010 before the State Commission. The complaint was resisted by the opposite parties by filing the written statement. However, the learned counsel for the opposite parties did not appear. Later on, final order was passed on 28.11.2014 by the State Commission. The order reads as under:- "1. Complaint is partly allowed. 2.Opponent Builder and Developers are directed to handover vacant and peaceful possession of flat No.301, 3rd floor in the building 'B', in the project Ganaraj Heights at survey no.60-(P) plot No.1, 2 located at Pachpakahdi, Thane within a period of 45 days from the date of this order, failing which Rs.1,000/- per day shall be payable by the opponents to the complainants till handing over of actual possession of said flat. 3.Complainants are directed to pay balance amount of Rs.39400/- to the opponent builder developers within a period of 30 days from the date of this order. In case opponents decline to receive the said payment, complainants are directed to deposit the amount of Rs.39400/- in the office of Registrar Legal of this State Commission within 8 days from the date of refusal of the opponents. 4.Opponents are further directed to pay an amount of Rs.9,84,113/- on account of interest against consideration of Rs.29,60,600/- received from the complainant within period of 45 days from date of this order, failure to do so will attract interest @9% per annum on amount order to be paid till realization. 5.Opponents are directed to pay an amount of Rs.3,00,000/- on account of mental agony and harassment and Rs.50,000/- as cost of the litigation to the complainant."
(2.) Hence the present appeal.
(3.) Heard the learned counsel for both the parties. Learned counsel for the complainants stated that the First Appeal No.30 of 2015 has been filed by the complainants for enhancement of the compensation. The State Commission has only allowed the interest from the date of filing of the complaint whereas the complainants are entitled to get interest from the date of respective deposits. Learned counsel referred to the following observation of the State Commission:- "6. The possession has been unduly delayed by the opponents though substantive amount of Rs.29,60,600/- as against agreed price of Rs.30,00,000/- has been duly received and acknowledge. Therefore, the prayer of the complainant to claim interest @18% per annum on this amount paid for the delayed period effective from 30/11/2009 till date of filing the complaint is tenable and also the interest thereon till date of possession cannot be faulted with.";

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