NCDRC

NCDRC

RP/1371/2012

GEE CITY BUILDERS (P) LTD. & ANR. - Complainant(s)

Versus

UPKIRAN KAUR & 3 ORS. - Opp.Party(s)

MR. ANIL SETH

03 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1371 OF 2012
 
(Against the Order dated 11/01/2012 in Appeal No. 351/2011 of the State Commission Chandigarh)
1. GEE CITY BUILDERS (P) LTD. & ANR.
1464 Sector- 13B
Chandigarh
Chandigarh
2. Jatinder Mittal, S/o Sh R.L Mittal Attorney / Attorised SIgnatory
Gee City Builders(P) Ltd, R/o 630 Sector-8
Panchkula
Haryana
...........Petitioner(s)
Versus 
1. UPKIRAN KAUR & 3 ORS.
R/o H.No-7 Celia Court,Chad Stone,VIC 3148, Australia Through his Special Attorney, Shri Harcharan Singh S/o Shri Bahal Singh, R/o H.No -406 Rishi Appts,Sector-70
Mohali
Punjab
2. Indermeet Kaur,D/o Shri Harcharan Singh Baidwan,
R/o E-904 Supertech Incone Apartment Indirapuram
Ghaziabad
U.P
3. Shri Harcharan Singh Baidwan,, S/o Shri Bahal Singh
R/o D-301 Rishi Apartments,Sector-70
Mohali
Punjab
4. Karnail Singh,S/o Shri Harcharan Singh,
H.No-227,Apapa Road,Igamnu Industrial Estate, Iganmu Lagos, P.O Box 51167, Falomo Ikoyi Logos,
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :MR. ANIL SETH
For the Respondent :
Mr. Vikas Bhatia, Advocate

Dated : 03 Apr 2013
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER

 

          Learned counsel for the parties present.  Arguments heard. 

          The only dispute picked up by the learned counsel for the petitioners is in respect of interest.  The petitioners have been ordered by the District Forum as follows:

“13. As a result of the above discussion, this compliant is accepted with a direction to the Ops to refund Rs.13,39,975/- to the complainants along with interest @18% per annum from the date of its respective deposits till realization.  The Ops are also directed to pay to the complainant a sum of Rs.10,000/- as costs of litigation.”

 

          This order was confirmed by the State Commission.

         

-3-

Learned counsel for the petitioners submits that interest @18% p.a. is on the higher side.  He further submits that it should be reduced to 9% p.a. for which learned counsel for the respondents has no objection. 

Therefore, we modify the above said order and as a result of the above discussion, we hereby direct the opposite parties/petitioners to refund Rs.13,39,975/- to the complainants alongwith interest @9% per annum from the date of its respective deposit till realization.  The opposite parties are also directed to pay litigation costs in the sum of Rs.10,000/-.  The said amount be paid within one month otherwise the amount will further carry interest @9% p.a. till its realization.  The amount already deposited shall stand adjusted. 

          The matter stands disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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