LAWS(NCD)-2022-8-37

PARSVNATH DEVELOPERS LIMITED Vs. RAHUL SHARMA

Decided On August 17, 2022
Parsvnath Developers Limited Appellant
V/S
Rahul Sharma Respondents

JUDGEMENT

(1.) This appeal has been filed under sec. 19 of the Act 1986 in challenge to the Order dtd. 26/3/2019 of the State Commission in complaint no. 225 of 2017.

(2.) We have heard the learned counsel for the appellant builder co. and the learned counsel for the respondent no. 1 complainant. No one appears for the respondent no. 2 broker. We have also perused the record including inter alia the Order dtd. 26/3/2019 of the State Commission, the memorandum of appeal and the application for condonation of delay.

(3.) The matter relates to a builder-buyer dispute. The State Commission has ordered the builder co. (the opposite parties no. 1 and no. 2 therein) to refund the sum of Rs.32,86,887.00 paid by the complainant with interest at the rate of 12% per annum and the broker (the opposite party no. 3 therein) to refund the sum of Rs.12,15,000.00 paid by the complainant with interest at the rate of 12% per annum within three months. It has also stipulated that the rate of interest shall stand enhanced to 18% per annum in case of default in making payment within the stipulated period of three months. Additionally it has awarded lumpsum compensation of Rs.1,00,000.00 for the mental agony and harassment as also Rs.21,000.00 as cost of litigation.