ANURADHA BUILDERS Vs. RANJIT PRASAD

JUDGEMENT

(1.) HEARD Mr. S. Paliwal learned Advocate appearing for the Appellant in F.A. No. 492/93 and Mr. A.K. Sanghi learned Advocate appearing for the Appellant in the connected Appeal No. 722/93. Both these appeals arise out of an order dated 10.5.1993 passed by the State Commission, Maharashtra sitting at Nagpur allowing substantially the complaint petition that was filed by the common 1st Re¬spondent in these appeals and giving certain di¬rections as to the refund of the purchase price of two flats on the third floor of a building which the Cooperative Society who is the Appellant in First Appeal No. 722/93, had got constructed through the instrumentality of the Anuradha Builders (Appellant in F.A. No. 492/ 93).

(2.) AFTER hearing Counsel for the Appel¬lants in both the Appeals and Mrs. Padoely, learned Advocate appearing for the 1st Respon¬dent, we have come to the conclusion that the findings of the State Commission do not call for interference but the operative order passed by it does call for some modification. In our opinion the State Commission has omitted to take due notice of the fact that the Complainant had been in occupation of the two flats since August, 1989 and even now continuing to do so and such being the case it is not just or proper to direct the Co-operative Housing Society to pay interest to the complainant on the amount of purchase price of the flats paid which has been directed to be refunded on account of deficiency - in the matter of installation of the lift which had been promised, by reason of which the flats are rendered unfit for occupation by persons of advanced age as is the case with the complain¬ant. We accordingly set aside the direction contained in the impugned order passed by the State Commission that the Appellant in First Appeal Nos. 492/93 and 722/93 shall jointly or severally pay to the Complainant interest at 18% on the amount of Rs. 2,23,000/-representing the price of the twin flats paid by the Complainant to the Society which has to be refunded to the Complainant under the impugned order. In other words the Complainant shall be entitled to get only the amount of Rs. 2,23,000/- by way of refund of the price paid by him for the two flats and no interest shall be payable in respect of the said amount.

(3.) THE amount as mentioned above-namely Rs. 2,23,000/- being the principal amount of price of the twin flats to be refunded plus Rs. 1.00 lakh being the compensation allowed by the State Commission shall be paid to the Complainant by the Appellants herein within a period of three months from today failing which interest at 18% shall be payable by them on the aggregate amount from the date of expiry of the three months period until date of actual payment. Immediately on the receipt of the aforesaid amounts in full from the " Appellants, the Complainant shall vacate and deliver the possession of the twin flats to the Co¬operative Housing Society Ltd., within two weeks thereafter. It is represented before us that an amount of Rs. 10,000/- is recoverable by the Society from the Complainant byway of certain heads of accounts. This amount shall be de¬ducted from the amount of Rs. 1.00 lakh payable as compensation. The appeals are dis¬posed of as above. The 1st Respondent will get from the Appellants in each of these appeals costs which we fix Rs. 5,000/-in each appeal.