RAJENDER SINGH Vs. CHANDIGARH BUILDERS & PROMOTERS LIMITED

JUDGEMENT

(1.) WE have heard the learned Counsel for the appellant and have perused the impugned judgment and order dated 1.10.2004 passed by District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case RBT No. 524/2003. The appeal has been filed for enhancement of the rate of interest awarded to the appellant/complainant on the full amount, which has been ordered to be refunded.

(2.) THE learned Counsel for the appellant in the first place submitted that ICICI Bank had charged interest from the appellant @ 12.5% per annum on the due amount and the same rate of interest should have been awarded to the complainant on the amount deposited by him with the respondent - M/s. Chandigarh Builders and Promoters Limited (for short hereinafter to be referred as Builders). The learned Counsel for the appellant pointed out that in the instant case, the respondent builders failed to construct the flats, which were to be purchased and occupied by the appellant but the respondent builders failed to construct the same and as such the complainant approached the respondent builders for refund of the amount with interest @ 18% per annum from the date of deposit till refund of the amount besides claiming damages and also costs of litigation.

(3.) THE District Forum allowed the complaint partly and ordered for the refund of the full amount deposited by the appellant with interest @ 6% per annum from the date of deposit till the date of actual payment within three months of the receipt of copy of the order failing which the rate of interest would be charged on the said amount @ 10% per annum. The directions contained in the impugned judgment and order regarding refund of the amount with interest @ 6% per annum were not implemented by the respondent builders and as such the appellant/complainant became entitled to rate of interest on the said amount as ordered by the District Forum i.e., @ 10% per annum.