Rajasthan

StateCommission

A/186/2018

Upendar Kumar Arya s/o Shri Jagdish Prasad Gupta - Complainant(s)

Versus

M.D.Unique Builder and Developer - Opp.Party(s)

Anurag Kulshresthat

09 Aug 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 186 /2018

 

Upendra Kumar Arya s/o Jagdish Prasad Gupta r/o B-4, Jyoti Nagar, Hindon city Distt. Karauli.

Vs.

Managing Director, Unique Builder & Developer, Jaipur 4^th floor, Unique Destination, Laxmi Mandir crossing, Tonk Road, Jaipur.

 

Date of Order 9.8.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Anurag Kulshreshtha counsel for the appellant

Mr.Rakesh K.Rajwania counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by

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the District Forum, Karauli dated 19.1.2018 whereby the application of the appellant u/s 27 of the C.P.Act is decided and it is ordered that Rs. 25,000/- which were received by the appellant through FDR alongwith interest be returned to the respondent.

 

The contention of the appellant is that he preferred a original complaint no. 81/2009 which was allowed in his favour and interest of 24% was imposed on the builder respondent which was amended by the State Commission in appeal and interest rate was reduced to 10%. The further contention of the appellant is that before the National Commission in revision petition the counsel for the respondent has agreed to pay 10% interest on his deposited amount from November 2009 till the handing over of the possession and in final order the order of 10% interest is not set aside. Hence, 10% interest is payable from November 2009 till the date of handing over of the the possession.

 

Per contra the contention of the respondent is that all earlier orders were merged in the order of the National Commission dated 18.2.2015 and in the order of the National

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Commission no order has been passed for payment of interest. Hence no interest is payable and the Forum below has rightly allowed reimbursement of Rs. 25,000/- alongwith interest.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that in original petition vide order dated 14.10.2009 the District Forum has allowed the interest 24% from 31.10.2009 till handing over the possession which was reduced in appeal to 10%. As per Anx. 4 it is the statement at bar of the counsel for the respondent that they are ready to pay 10% interest on the deposited amount from November 2009 till the date of handing over of the possession to the complainant. Thereafter in final order of the National Commission order of awarding interest has not been set aside and a bare perusal of the judgment passed in revision petition clearly shows that the counsel for the respondent ( petitioner there ) has not raised any issue as regard to the order of interest payable from November 2009 till the date of handing over of the possession to the complainant and in revision petition after considering the issues raised by the

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respondent order has been passed for handing over of the possession of the flat and it has also been made clear that no interest is chargeable from the complainant and at the same time interest awarded by the State Commission has not been set aside. Hence, in view of the above, the present appellant is entitled for interest @ 10% on the amount deposited with the respondent from November 2009 till the date of possession and the order of the Forum below is liable to be set aside.

 

In view of the above the appeal is allowed and the order of the Forum below dated 19.1.2018 is set aside and the matter is remanded back to the District Forum for compliance of the order for payment of 10% interest from November 2009 till the date of possession to the complainant. Parties are directed to appear before the Forum below on 27.8.2018.

 

(Nisha Gupta) President

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