1.   This appeal under section 19 of The Consumer Protection Act, 1986 is in challenge to the Order dated 31.01.2019 of the State Commission in complaint no. 50 of 2018.

2.   Ms. Neha Gupta, learned counsel makes submissions on behalf of the appellants (the ‘builder co.’).

Mr. Umesh Nagpal, learned proxy counsel makes submissions on instructions on behalf of the respondent (the ‘complainant’).

Perused the record.

3.   The matter pertains to a builder-buyer dispute.

The award made by the State Commission vide its impugned Order dated 31.01.2019 is reproduced below for reference:

In view of the above, the complaint is allowed and the complainant is entitled to get Rs.21,28,362/- alongwith 15% interest from the date of each deposit. The complainant is further entitled to get Rs. 2 lakhs as compensation for mental agony and Rs. 50,000/- as cost of proceedings which should be paid to the complainant within one month otherwise it would carry 9% interest from the date of the order.

4.   Learned counsel for the builder co. submits, on instructions, that the builder co. is willing to refund the amount of Rs. 21,28,362/- deposited by the complainant with interest at the rate of 10.5% per annum from the respective dates of deposit till actual realisation along with lumpsum compensation of Rs. 2,00,000/- for mental agony and Rs.50,000/- as cost of litigation. She also submits that the amount as any already paid to the complainant in compliance of this Commission’s interlocutory Order dated 13.12.2019 may be duly adjusted therein. Learned counsel further requests that this case may not be treated as a precedent.

5.   Learned proxy counsel for the complainant submits, on instructions, that the afore terms are acceptable to the complainant, provided the compliance in its entirety is made in a time-bound manner.

6.   Learned counsel for the builder co. submits, on instructions, that the  compliance will be ensured within eight weeks from today.

7.   In the wake of the above submissions nothing more survives for adjudication in this appeal. The same is thus disposed of with the following directions:

The award made by the State Commission is modified to the extent that the builder co. shall refund the amount of Rs. Rs.21,28,362/- deposited by the complainant with interest at the rate of 10.5% per annum from the respective dates of deposit till actual realisation along with lumpsum compensation of
Rs.2,00,000/- for mental agony and Rs.50,000/- as cost of litigation. The amount as any already paid to the complainant in compliance of this Commission’s interlocutory Order dated 13.12.2019 shall be duly adjusted therein. The residual amount of the award, as firmed-up herein, shall be made good by the builder co. within eight weeks from today, failing which the State Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.  

8.   This Order has been made on consent. As such the decision in this case shall not be treated as a precedent.

9.   The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel as well as to the State Commission immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.       

      ‘Dasti’, in addition, to both sides.