ORDER (ORAL)         

          The present Appeal has been filed by the Opposite Party against the order dated 21.11.2017 of Delhi State Consumer Disputes Redressal Commission (for short “the State

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Commission”) in Complaint No.170 of 2011.  Vide the impugned order, the State Commission had issued the following directions.

“9)       In view of the reasons given above, the complaint is allowed.  OP is directed to pay to the complainant as under:

1. OP to refund the amount of ₹28,12,832/- alongwith interest @ 18% p.a. from the date of its deposit till the date of its realization.

2. OP is directed to pay compensation to the tune of ₹3,00,000/- to the complainant for causing inconvenience, harassment, sadness, frustration and mental agony.

3.  OP to pay litigation charges to the tune of ₹1,00,000/-.”

2.      Appellant has only challenged the directions no.(a) and (b).  During the course of arguments, it is agreed between the parties on instructions from their clients that the rate of interest which has been awarded @ 18% p.a. shall be reduced to 9% p.a. and the compensation of ₹3 Lakhs awarded towards inconvenience, harassment, sadness, frustration and mental agony should not be granted in view of decision of Hon’ble Supreme Court in “DLF Homes Panchkula Limited vs. D. S. Dhanda etc. (2020) 16 SCC 318”. It is however requested on behalf of the Respondent/Complainant that the Respondent be awarded litigation costs to contest the present Appeal.

3.      In view of the agreement between the parties, while confirming the finding of the State Commission that there was

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deficiency in service on the part of the Appellant, the impugned order is modified and following directions are issued:

1. The Appellant is directed to refund to the Respondent/Complainant the sum of ₹28,12,832/- along with interest @ 9% p.a. from the date of respective deposits till the date of its realization;
2. The Appellant shall pay litigation charges to the tune of                     ₹1 Lakh, as awarded by the State Commission in the impugned order; and
3. While disposing of the present Appeal, litigation costs of ₹1,50,000/- is also imposed upon the Appellant which shall be paid to the Respondent/Complainant.

4. The entire amount shall be paid within eight weeks by way of demand draft/RTGS in the account of the Respondent/Complainant, failing which the total amount shall carry interest @ 12% p.a. 

4.      With these directions, the present Appeal stands disposed of.