TDI INFRASTRUCTURE LIMITED Vs. MANJU SHARMA

JUDGEMENT

(1.) This appeal under Sec. 19 of The Consumer Protection Act, 1986 is in challenge to the Order dtd. 27/9/2018 of the State Commission in complaint no. 496 of 2017. When the matter was taken up in the forenoon, Ms. Kanika Agnihotri, learned counsel appeared for the appellant builder co. and requested for an interlude to seek instructions. The matter was posted to the afternoon. When the matter was taken up in the afternoon, Ms. Sneha Kaila and Mr. Gandharv Garg, learned proxy counsel appeared for the appellant builder co. and made submissions on instructions. Mr. Akul Mehandru, learned counsel appeared throughout for the respondent no. 1 complainant.

(2.) Heard. Perused the record. The matter pertains to a builder-buyer dispute. The award made by the State Commission vide its impugned Order dtd. 27/9/2018 is reproduced below for reference: The complaint is, therefore, allowed and opposite parties are directed to refund the entire deposited amount of Rs.27,53,699.00 to the complainant along with compound interest at the rate of 12% per annum from the date of respective deposits till realization. In addition to this complainant is awarded compensation of Rs.1,00,000.00 on account of mental agony and physical harassment and Rs.21,000.00 as litigation expenses.

(3.) Learned proxy counsel for the appellant builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs.27,53,699.00 deposited by the complainant with interest at the rate of 9% per annum from the respective date(s) of deposit till actual realisation along with lumpsum compensation of Rs.1,00,000.00 and cost of litigation of Rs.21,000.00. Learned proxy counsel also submits, on instructions, that the amount as any deposited by the builder co. with the State Commission in compliance of this Commission's interlocutory Order dtd. 27/5/2019 along with interest if any accrued thereon may be forthwith released to the complainant and the balance awarded amount will be made good within six months from today and in order to ensure the same post-dated cheques will be duly given to the complainant.