VIDYA ALIAS UMA Vs. VIVEKANAND GENERAL HOSPITAL

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the appellant.

(2.) Very briefly the facts of the case are that the respondent/complainant booked a flat with the appellant against which he was allotted a flat, price of which was Rs. 5,98,500, out of which complainant paid an amount of Rs. 3,59,100. Since there was no progress in the execution of work despite agreement dated 20.8.1996, the complainant requested for refund of the price with compensation. Since this was not being done, a complaint was filed before the State Commission for refund of deposited amount along with compensation. The opposite party contested the case; however, after hearing both the parties, directed the appellant to refund the deposited amount along with interest @ 18% p.a. from 1.12.1995 till actual payment plus compensation of Rs. 50,000 along with cost of Rs. 5,000. Aggrieved by this order, this appeal was filed before this Commission. Vide order dated 13.6.1998, this Commission admitted the appeal limited to the point of 'compensation.

(3.) We heard the learned Counsel for the appellant. The respondent/complainant upon issue of notice has sent his brief note of submission and requested that this being considered as his arguments. The limited point before us, raised by the learned Counsel for the appellant is that the interest on refund of money, under the Maharashtra Ownership (Regulation of the Permission of Construction, Sale Management and Transfer) Act, 1963, could not exceed 9% interest. This point has also been upheld by this Commission in catena of judgments. We also see that as per the written submissions, the principal amount along with interest @ 18% and cost of Rs. 5,000 has already been paid to the respondent/complainant, whereas as per this Commission's order dated 30.6.1998, the payment of Rs. 50,000 of compensation was stayed.