PRASHANT BALKRISHNA DHOTRE Vs. GANARAJ GROUP

JUDGEMENT

(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:-

(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:-