Hemant Gupta, J. - (1.) Civil APPEAL NOS.4910-4941 OF 2019 (@ SLP(C) Nos. 3623-3654 OF 2019) Leave granted.
(2.) The present appeals are directed against orders dated 24.10.2018 & 12.12.2018 passed by the National Consumer Disputes Redressal Commission (NCDRC) disposing 16 First Appeals wherein the appeals filed by the Appellant were decided by partially modifying the order passed by the State Consumer Disputes Redressal Commission (SCDRC) on 02.06.2016 wherein SCDRC directed the Appellant to hand over the physical possession of the units allotted to the respondents (Complainants), complete in all respects within a period of four months. However, for facility of reference, facts are taken from the complaint filed by Shri D.S. Dhanda. The SCDRC issued the following directions: "Consumer Complaint bearing No. 94 of 2016, titled as D.S. Dhanda Vs DLF Homes Panchkula Private Limited and anr. The opposite parties are jointly and severally directed as under:- 1. To hand over physical possession of the unit, allotted in favour of the complainant, complete in all respects, as per the terms and conditions of the Agreement, to the complainant, within a period of four months, from the date of receipt of a certified copy of this order, on payment of the amount, legally due against him. 2. To execute and get registered the sale deed, in respect of the unit, in question, within one month from the date of handling over possession, as indicated in Clause (i) above, on payment of registration charges and stamp duty, by the complainant, directly to the Registering Authorities concerned. 3. To pay compensation, by way of interest @ 12% p.a., on the deposited amount, to the complainant, from 10.02.2014(promised date in view of the extension sought vide letter dated 05.06.2013 i.e. 12 months after the stipulated date as per Agreement i.e. from 10.02.2013) to 31.05.2016, within 2 months, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry penal interest @ 15% p.a. instead of 12% p.a., till realization. 4. To pay compensation by way of interest @12% p.a. on the deposited amount, due to the complainant w.e.f. 01.06.2016, onwards (per month) by the 10th of the following month, failing which, the same shall also carry penal interest @ 15% p.a., instead of 12% p.a., from the date of default, till the delivery of possession. 5. To pay compensation by way of interest @12% p.a. on the deposited amount, due to the complainant w.e.f. 01.06.2016, onwards (per month) by the 10th of the following month, failing which, the same shall also carry penal interest @ 15% p.a., instead of 12% p.a., from the date of default, till the delivery of possession. 6. To pay cost of litigation, to the tune of Rs. 50,000/-, to the complainant, within two months from the date of receipt of a certified copy of this order, failing which, the same shall also carry interest @12% p.a., from the date of filing the complaint till realization."
(3.) The Appellant preferred appeal against such order passed by SCDRC before the NCDRC. The NCDRC issued inter-alia the following directions: "(C) Compensation: The compensation for loss and injury, for mental agony and physical harassment, hardship and difficulty, uncertainty and helplessness, can be neither meagre nor exorbitant, but has to be just and equitable, commensurate with the loss and injury (note: it could be less than or more than what the complainant asked for or what the State Commission determined, at the considered wisdom of the adjudicating authority/court in the facts and specificities of the case). And it is always desirable and preferable, to the extent feasible and appropriate in the facts and specificities of a case, that some objective logical criteria be identified and adopted to determine the compensation. The compensation cannot be arbitrary or whimsical, some reasonable and acceptable rational has to be evident subjectivity has to be minimized. We note that the State Commission has given compensation in two parts, one, by way of interest on the deposited amount from the 'promised'/ assured date after taking in view the extension sought vide letter dated 05.06.2013 i.e. 12 months after the 24 months' conveyed and understood time period for completing construction and handling over possession, and, two, a lumpsum amount. If compensation comprises of two parts, (i) by way of interest on the deposited amount from the assured date (milestone date) of completing construction and handling over possession to the actual date of handling over possession, and, (ii) lumpsum amount, we find nothing wrong in it. We do not agree with the builder co.'s contentions that interest on the deposited amount should not be provided since it is not a case of refund but a case of delay in possession. The interest on the deposited amount has to be viewed in the light of the purpose for which it is intended. It is but a way of computing compensation for delay in possession that is commensurate with the amount deposited by the complainant, and here it has been computed after adopting a milestone date as per the builder co.'s own (unfair and deceptive) letter of 05.06.2013. There can be and is no question of not agreeing to an endorsing the award of interest from the said milestone date. Here we may however add that the rate of interest also cannot be arbitrary or whimsical, some reasonable and acceptable rationale has to be evident, subjectivity has to be minimized, a logical correlation has to be established. Albeit detailed arithmetic or algebra is not required. Logical (to the extent feasible) objective parameters should be adopted. Rounding off simplification etc. to make the computation doable could be adopted. We feel it appropriate that, considering that the subject units in question are dwelling units, in a residential housing project, the rate of interest for house building loan for the corresponding period in a scheduled nationalized bank (take, State Bank of India) would be appropriate and logical, and , if 'floating'/ varying/different rates of interest were/ are prescribed, the higher rate of interest should be taken for this instant computation. We also feet it appropriate and logical that the lumpsum amount awarded should be commensurate with the period for which there has been delay in possession beyond the milestone date, and be objectively and logically computed so. In our considered view, a sum of Rs. 1 lakh per year from the assured date of handing over possession to the actual date of possession (prorata to the nearest whole month, with part month to be taken as one month) would be objective, logical, just and equitable in the facts and specificities of the case. (D) Cost of litigation: In respect of cost of litigation, too, just and equitable cost is necessary (this, by its very nature needs no elaboration). In our considered view, cost of litigation of Rs. 1 lakh is just and appropriate in the facts and specificities of the case.";