DR. SADHNA SHANKER, MEMBER 1. Paramount Propbuild Pvt. Ltd. has filed M.A. No. 764 of 2024 seeking release of the amount of Rs. 22,94,000/- deposited by it in this Commission on 02.12.2022 to enable the applicant to deposit the amount as calculated by the State Commission in compliance of the order dated 27.05.2024 of Hon’ble High Court of Delhi 2. The complainant has filed M.A. No. 713 of 2024 seeking clarification of the order dated 08.03.2024 of this Commission regarding applicable rate of interest as per the order dated 08.03.2024 of this Commission. 3. Heard the learned counsel and the complainant in person on their respective applications. 4. The relevant portion of the order dated 27.05.2024 of Hon’ble High Court of Delhi is quoted as under:- “11. Subject to deposit of 50% of the decretal amount with SCDRC, the order dated 08.03.2024 is stayed till the next date of hearing. The amount already deposited of Rs. 22,94,000/- be included in the fresh deposit to be made. The amount be deposited within two weeks and be kept in FDR by SCDRC.” 5. Thereafter, on 03.09.2024, the State Commission of Delhi passed the following order to bring on record the calculation of 50% of the decretal amount in compliance of the order dated 27.05.2024 of Hon’ble High Court of Delhi. “As per NCDRC order dated 08/03/2024 Principal amount = Rs. 51,63,148/- Rate 6% Period = 26/01/2011 till 03/04/2023 (each installment basis) Interest amount = Rs. 32,62,041/- Litigation Rs. 50,000/- Total Rs. 33,12,041/- As per High Court order dated 27/05/2024 50% of the decretal amount with SCDRC = Rs. 16,56,020/- The JD deposited Rs.22,94,000 on 06/12/2022 with NCDRC. The DH is stated that the rate of interest should be calculated @9% instead of 6%” 6. Subsequent to this order, M.A. No. 713 of 2024 has been filed by Firoz Ahmad - complainant for clarification of rate of interest as the Paramount Propbuild Pvt. Ltd. had not paid the amount within four weeks, the prescribed time, the applicable rate of interest as per the order in appeal would be 9% per annum. 7. As per the Order dated 08.03.2024 of this Commission in F.A. No. 935 of 2022, the operative part of the order is as under: “the builder shall pay compensation in the form of interest at the rate of 6% per annum calculated on Rs. 51,63,148/- from the respective dates of deposits till the actual date of handing over possession to the complainant within four weeks, failing which, the interest at the rate of 9% per annum calculated from the respective dates of deposit till the actual date of handing over physical possession of the said villa shall be paid.” 8. Keeping in view the order dated 27.05.2024 of Hon’ble High Court of Delhi, the Registry is directed to send the amount that already stands deposited with this Commission by Paramount Propbuild Pvt. Ltd. on 02.12.2022, alongwith accrued interest thereon, directly to the State Commission of Delhi and the said amount shall be considered as part of 50% of the amount in compliance of the order dated 27.05.2024 of Hon’ble High Court of Delhi. 9. In so far as M.A. No. 713 of 2024 is concerned, it was argued by the Paramount Propbuild Pvt. Ltd. that the order of appeal has now merged with that order dated 27.05.2024 in C.M. (M) No. 2612 of 2024 pending with the Hon’ble High Court of Delhi. While the complainant in person argued that since the prescribed time of four weeks has already expired, the calculation by the State Commission vide order dated 06.09.2024 is incorrect as the interest should be at the rate of 9% and not at 6% per annum. 10. Since the matter is sub-juice with the Hon’ble High Court, Paramount Propbuild Pvt. Ltd. is directed to approach the High Court for further directions as to what will be the applicable rate of interest to be calculated to arrive at the decretal amount for the purpose of 50% to be deposited in compliance of the order dated 27.05.2024 of Hon’ble High Court of Delhi. 11. M.A. No. 713 and 764 of 2024 stand disposed of. | 
