SANJIBANISUDHA DAS Vs. PRATAP KUMAR BISWAL

JUDGEMENT

(1.) THIS is an appeal against the order dated the 19th May, 1993 passed by the State Consumer Disputes Redressal Commission, Orissa, in Consumer Disputes Case No. 116 of 1992 by which it ordered the opposite party (respondent herein) to refund the amount to the legal heirs of the original complainant who has died during the pendency of the complaint. For the disposal of this appeal it is not necessary to reproduce the other directions given by the State Commission. In this appeal the legal heirs of the deceased complainant pray for compensation and also interest on the amount deposited by the deceased complainant for allotment of a flat. The brief facts are that the complainant deposited a sum of Rs. 51,170/- for getting a flat allotted in his favour by the opposite party. Since no flat was allotted to him he requested for the refund of the deposited amount. An amount of Rs. 20,000/- was sent by the opposite party to the complainant stating that the balance would be refunded only after expiry of the period as per the contract. However, the complainant was not satisfied with the amount and filed the complaint. In the meantime, the period under the contract had expired. Before the State Commission the learned Counsel appear: *g for the opposite party stated that the opposite party has no objection to refund the amount provided a legal heir certificate is produced by the legal heirs of the deceased complainant. The State Commission was satisfied that the legal heirs brought on record were the only legal heirs of the deceased complainant and no legal heir certificate was required in the case. Moreover, while the order was being dictated by the State Commission, a legal heir certificate issued by the Tehsildar was also produced before the State Commission.

(2.) WE have heard the learned Counsel for the parties. The learned Counsel for the opposite party-respondent argued that in fact the flat was allotted to the complainant but he refused to accept the same. However, when the case was being argued before us the respondent's Counsel agreed to pay Rs. 5,000/- in lump sum to the appellants as interest and compensation. The said offer was accepted on behalf of the appellants. Hence, it is ordered that the respondent herein will pay Rs. 5,000/- to the appellants within four weeks from the date of the receipt of the copy of this order. If the amount is not paid within that period it will carry interest at the rate of 18% p.m. from the date of the order till payment. It may be mentioned here that the amount ordered to be paid by the State Commission has since been paid to the appellants. The appeal is disposed of as above. There is no order as to costs.