LAWS(NCD)-2020-1-32

SAHARA PRIME CITY LIMITED Vs. LATA GOPE

Decided On January 07, 2020
Sahara Prime City Limited Appellant
V/S
Lata Gope Respondents

JUDGEMENT

(1.) Learned counsel for the appellant states that the principal amount has already been refunded to the respondent / complainant along with cost of litigation as ordered by the State Commission vide order dated 22.11.2018. Now the question of interest only remains. Learned counsel for the appellant argued that the State Commission has awarded interest @ 18% per annum whereas now this Commission and the Hon'ble Supreme Court are awarding interest @ 9% or 10% per annum in the case of refund, therefore, same may be ordered.

(2.) Learned counsel for the appellant further states that there is a delay of 96 days in filing the present appeal and the delay has occurred due to sending various documents from Lucknow to Delhi and in getting the translation of many documents.

(3.) Learned counsel for the respondent/ complainant argued that if the instalments are delayed, they are to be paid along with interest @ 15% per annum, therefore, on the basis of parity respondent/ complainant should also be allowed refund along with interest @ 15% per annum. Learned counsel for the respondent/ complainant states that there is no proper justification given for the delay in filing the present appeal and therefore, this appeal is liable to be dismissed on the ground of delay alone.