TDI INFRATECH LTD. Vs. NIRUPAMA MARWAHA

JUDGEMENT

(1.) This petition has been filed under Art. 227 of the Constitution of India impugning the order dtd. 17th November, 2020 (hereinafter referred to the impugned order) passed by the learned National Consumer Disputes Redressal Commission ("NCDRC" for short).

(2.) Ms. Kanika Agnihotri, learned counsel for the petitioner has submitted that the petitioner Company is in the business of development of real estate in the form of integrated township comprising of residential and commercial flats of various dimensions, residential apartments, Villas, multiplexes and malls. The respondents had got themselves registered for provisional allotment of a shop-cum-office admeasuring 750 sq.fit in TDI City, Sector 118, SAS Nagar, Mohali, Punjab against a basic sale consideration of Rs. 31,23,520/-. A complaint was filed by the respondents with the State Consumer Disputes Redressal Commission, Punjab, Chandigarh ("SCDRC" in short) being Complaint Case No. 631 of 2019 whereby they sought refund of the amount deposited by them in respect of the said unit. The SCDRC passed the final order on 18th December, 2019 directing the petitioner to refund the entire amount deposited by the respondents alongwith compensation at the rate of 12% per annum from the respective dates of deposits till realization in accordance with the Rule 17 of the Public Procurement Rules, 2004 (PPRA in short) as well as Rs 55,000.00 as compensation on account of the mental agony, harassment and litigation charges.

(3.) Learned counsel submitted that an appeal was preferred by the petitioner against this order on 18th February, 2020. Vide order dtd. 28th August, 2020, the NCDRC allowed the application for stay of the order of the SCDRC, subject to the petitioner depositing the entire awarded amount with up-to-date interest before the SCDRC within 10 weeks. An application was thereafter moved before the NCDRC seeking waiver of this deposit. Vide the impugned order, the waiver was disallowed also observing that in the order dtd. 28th August, 2020, it had been made clear that if the amount was not deposited within the stipulated period, there would be no stay.