Per Hon’ble DR. S.K. Kakade, Presiding Member.
- This is an appeal filed by M/s.Vatika Vihar Builders and developers against the order passed by Additional District Consumer Commission Nagpur in Consumer Complaint No.RBT/CC/361, the order dated 02/09/2016 in which complaint of the complainant Mr.Gaurav Gedam was partly allowed and the appellant/original O.P. was directed to handover the possession of two plots or to refund the amount collected towards the purchase of two plots, with 17% interest per annum. Aggrieved by this order the present appellant approached this Commission and filed this appeal.
- The brief facts of this appeal are as follows.
The respondent/original complainant purchased two plots situated at Mouza Kolar, Taluka-.District Nagpur from the appellant on 15/02/2008. The agreement to sale was executed between both the parties. Further, since the respondent/complainant failed to pay monthly EMI to the appellant, the appellant refused to execute the sale deed. Since the appellant/original O.P. did not respond to the communication by the respondent/original complainant, the complainant filed the consumer complaint before the Additional District Consumer Commission Nagpur. The original O.P. defended the complaint by filing relevant documents. After hearing this complaint finally and going through the documents the learned Additional District Consumer Forum allowed the complaint partly and directed the original O.P, present appellant to handover the possession of both the plots and execute the sale deed; if it is not possible to handover the possession due to technical reasons, the O.P. should refund the amount collected from the complainant alongwith interest @17% p.a. from the date of deposits of the amount and also directed to pay Rs.10,000/- for physical torture and harassment caused to the respondent/original complainant. This appeal was filed by the original O.P. in the year 2016 and that was heard finally by this Commission.
3) Learned advocate for appellant submitted that, as such there is no cause of action since the appellant was always ready to execute the sale deed and in case if the respondent/complainant wants the money deposited by him, the appellant is ready to refund the amount but with the rate of interest @ 8% p.a and not 17% p.a. Learned advocate for appellant further submitted that the respondents have purchased two plots for commercial purpose. No documents have been filed in support of this submission. Learned advocate for the respondent/original complainant submitted that the order passed by the learned Additional District Consumer Commission is just legal and proper and hence prayed for confirming the same. Learned advocate for the appellant referred to the ruling of the Hon’ble National Consumer Commission, Ankur Goyal…….V/s…….M/s.Rise Project Pvt.Ltd. which was decided on 14/Oct/2020. (Referred to para 20,21 and 23) The Hon’ble National Consumer Commission has opined that Arbitrary rate of interest should not be charged while granting compensation to the complainant and Hon’ble National Consumer Commission allowed the interest rate at 8% p.a. However the facts of this case are squarely not applicable to the referred case.
4) We have gone through the order passed by the Additional District Consumer Commission Nagpur. The learned Additional District Consumer Commission has rightly noted that inspite of receiving all the amount within the stipulated time period mentioned in the agreement the O.Ps./the present appellant did not execute the sale deed, further it is admitted by the appellant that the plan for the plotting of the land was not sanctioned and this part was hidden by the appellant and hence the appellants were deficient in providing the services to the respondent/original complainant. The reasoning by the learned Additional District Consumer Commission for deficiency in service by the O.P./appellant is correct and we find that the order passed by the Additional District Consumer Commission is proper, just and legal. The submission by learned advocate for appellant the rate of interest awarded (17%) is arbitrary and exorbitant, is acceptable. Hence we modify the order by Additional District Consumer Forum Nagpur, by keeping its essence constant, Hence pass following order.
//ORDER//
- The appeal is partly allowed.
- Order passed by the Learned Additional District Consumer Commission Nagpur is hereby modified in the point No.3 that instead of rate of interest 17% p.a. it is modified to 9% p.a.. Rest of the order is hereby confirmed.
- The above order need to be complied within period of two months from the date of order, failing which the amount will carry interest @ 12 % p.a. from the date of deposits of the amounts till its realisation.
- No order as to cost.
- Copy of order be furnished to both the parties free of cost.
