NCDRC

NCDRC

FA/1012/2022

M/S. JAIN HOUSING & CONSTRUCTIONS LTD. & ANR. - Complainant(s)

Versus

DR. S. JAGATHA - Opp.Party(s)

MR. K.V. JAGDISHVARAN & G.INDIRA

24 Sep 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

FIRST APPEAL NO. 1012 OF 2022

(Against the Order dated 20/04/2022 in Complaint No. 83/2015 of the State Commission Tamil Nadu)

1. M/S. JAIN HOUSING & CONSTRUCTIONS LTD. & ANR. REP. BY ITS MANAGING DIRECTOR MR. SANDEEP MEHTA, 9TH FLOOR, HIGH GATES, NO. 82, DGS DINAKARAN SALAI, M.R.C. NAGAR CHENNAI TAMIL NADU-600017 2. SANDEEP MEHTA MANAGING DIRECTOR JAIN HOUSING AND CONSTRUCTIONS LTD., 9TH FLOOR, HIGH GATES, NO. 82, DGS DINAKARAN SALAI, M.R.C. NAGAR CHENNAI TAMIL NADU-600017	...........Appellant(s)
Versus
1. DR. S. JAGATHA W/O DR. P.V. VENKATRAMAN, NO. 33, FIRST MAIN ROAD, LAKE AREA, NUNGAMBAKKAM CHENNAI TAMIL NADU-600034	...........Respondent(s)

BEFORE:
	HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT
	HON'BLE DR. INDER JIT SINGH,MEMBER

FOR THE APPELLANT :

MS. G. INDIRA, ADVOCATE (THROUGH V. C.)

FOR THE RESPONDENT :

MR. B. RAGUNATH, ADVOCATE

Dated : 24 September 2024

ORDER

Heard learned Counsel for the Parties. Learned Counsel for the Appellant Ms. G. Indira has joined online and   Mr. B. Ragunath is appearing for the Respondent. At the outset learned Counsel for the Respondent urged that the only issue which remains as a matter of contest now is the rate of interest of 18% as awarded by the State Commission inasmuch as the Appellant in compliance of the Order of the State Commission dated 20.04.2022 read with the Order passed by this Commission on 18.09.2023, a sum of Rs.24,51,259/- has been deposited before the State Commission on 25.09.2023. This is the principal decretal amount as per the Order of the State Commission. Learned Counsel for the Appellant submitted that the rate of interest be reduced to 6%, whereas the learned Counsel for the Respondent urged that the reduction is not warranted keeping in view the period for which the entire amount had been retained by the Appellant. We have considered the submissions raised and we find that in view of the law laid down by the Apex Court in several cases including the decisions in the case of Ireo Grace Realtech Private Limited versus Abhishel Khanna and Ors. reported in (2021) 3 SCC 241 and  Experion Developers Private Limited versus Sushma Ashok Shiroor reported in (2022) SCC Online SC 416,  the rate of interest has been approved by the Apex Court in such type of cases is 9% per annum. We accordingly adopt the same and consequently modify the Impugned Order to the extent that the interest awarded by the State Commission shall stand reduced from 18% to 9% and shall be paid in the manner as directed by the State Commission. Learned Counsel for the Appellant submitted that the additional compensation of Rs.5,00,000/- having been awarded should not be imposed or any payment of interest should not be on multiple heads when once the interest on refund has been awarded in the terms above mentioned. Be that as it may in view of the legal position as explained by this Commission and confirmed in DLF Homes Private Limited versus D. S. Dhanda reported in (2020) 16 SCC 318 and as followed by the Apex Court in the case of Suneja Towers Private Limited and Anr. versus Anita Merchant reported in (2023) 9 SCC 194 the argument of the learned Counsel for the Appellant that award of compensation on multiple heads is impermissible deserves to be accepted. Accordingly the compensation of Rs.5,00,000/- for mental agony is set aside. The Impugned order dated 20.04.2022 stands modified accordingly. The Appeal stands disposed of on the said terms. The amount already deposited before the State Commission shall be permitted to be withdrawn by the State Commission on the moving of an Application by the Respondent - Complainant. The amount of interest calculated thereon till the date of actual payment in terms of the order of the State Commission as modified under this Order shall be deposited by the Appellant within three months from today which shall also be permitted to be withdrawn by the Respondent – Complainant accordingly.

.........................J

A. P. SAHI

PRESIDENT

................................................

DR. INDER JIT SINGH

MEMBER