N.C.JAYALAKSHMI AND ANR. Vs. K.CHANDRASEKAR

JUDGEMENT

(1.) CHALLENGE in this revision by the opposite parties -builder is to the order dated 10.7.2006 of State Consumer Disputes Redressal Commission, Chennai, the operative portion whereof runs as under: -

(2.) SUBMISSION advanced by Shri K.P. Toms for the petitioners is that the respondent/complainant is entitled to interest from 6.12.2000 instead of 25.4.2000, petitioners are not liable to pay interest on Rs. 25,000 which was deposited with the State Commission at the time of filing of appeal and rate of interest of 12% p.a. is excessive.

(3.) IN order to appreciate the submission, few facts need be noticed. Respondent entered into an agreement dated 21.2.1999 with the petitioners for purchase of a flat. Cost of undivided share of land and the flat was agreed at Rs. 3,63,000/ - which was to be paid in the manner set out in para No. 3 of the agreement. Delivery of constructed flat was to be made on or before 30.11.1999. Respondent paid a total amount of Rs. 3,18,000/ -. Last payment of Rs. 25,000/ - was made on 25.4.2000. By the letter dated 6.12.2000, the respondent cancelled the agreement dated 21.2.1999. On being returned only an amount of Rs. 75,000/ - out of the said amount paid the respondent alleging deficiency in service filed complaint seeking certain reliefs which was contested by the petitioners by filing written version Petitioners alleged that there was delay in making payment of the balance amount by the respondent and after cancellation of the agreement by him the petitioners had refunded Rs. 75,000/ - and they were willing to pay the balance amount of Rs. 2,43,000/ - after re -sale of the flat booked by the respondent.