NCDRC

NCDRC

FA/660/2020

NEELAM RANI WIFE OF SH. CHAMAN PRAKASH, - Complainant(s)

Versus

PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY (NOW BDA) - Opp.Party(s)

VANSH MALHOTRA

23 Mar 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 660 OF 2020
 
(Against the Order dated 02/03/2020 in Complaint No. 873/2019 of the State Commission Punjab)
1. NEELAM RANI WIFE OF SH. CHAMAN PRAKASH,
RESIDENT OF#146,WARD NO,3 NEAR CIVIL HOSPITAL, BUDHLADA, DISTT MANSA.
...........Appellant(s)
Versus 
1. PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY (NOW BDA)
THROUGH ITS ESTATE OFFICER.PUDA COMPLEX, BHAGU ROAD BHATINDA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER

For the Appellant :
For the Appellant : Mr. Vansh Malhotra, Advocate
(through video conferencing)
For the Respondent :
For the Respondent : Ms. Zehra Khan, Advocate with
Ms. Shreya Choudhary, Advocate
(through video conferencing)

Dated : 23 Mar 2021
ORDER

1.    Heard learned counsel for both sides. Perused the record.   

2.    In the interest of justice, to provide fair opportunity to the appellant  complainant, to settle the matter on merit, the delay in filing the appeal is condoned.

3.       The State Commission vide its impugned Order dated 02.03.2020 had allowed the complaint. Vide para 25 of its said Order, it had made the following award:

25.  In view of our above discussion in CC No. 873 of 2019, this complaint is also allowed in the same terms and the following directions are issued to the opposite party:

i)          to refund the amount of Rs.6,00,000/- to the complainant, along with interest at the rate of 8% per annum from the respective dates of deposit till realization; and

ii)         to pay Rs. 10,000/, as compensation on account of mental agony and harassment suffered by the complainant, including litigation expenses.

4.       This appeal has been filed by the appellant complainant on the short point of enhancement in the rate of interest from 8% per annum to 12% per annum, awarding lumpsum compensation of Rs. 5,00,000/- and enhancing the cost of litigation to Rs.70,000/-.

5.       Learned counsel for the respondent development authority submits that the award made by the State Commission has been complied with. Learned counsel for the appellant complainant confirms.

6.       It is inter alia noted that the respondent is a government development authority, created for public good. It has already complied with the award.

7.       In the facts and specificities of the present case, rate of interest of 8% per annum on the amount deposited appears equitable and reasonable; as interest on the amount deposited has been allowed, lumpsum compensation in addition is not warranted; cost of litigation of Rs. 10,000/- appears reasonable.

8.       There is no reason evident to modify the award made by the State Commission.

9.       The appeal is dismissed. 

 
......................
DINESH SINGH
PRESIDING MEMBER

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