STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                      First Appeal No.           678 of 2015

                                      Date of Institution:       18.08.2015

                                      Date of Decision:         01.09.2015

Pushpa Yadav, resident of House No.1062, Sector 3 (II), Rewari 123401, Haryana.

                             Appellant-Complainant

Versus

M/s Ansal Housing and Construction Limited, 15 UGF, 21, Barakhamba Road, Indraprakash Buildilng, New Delhi through its Authorized Signatory.

                                      Respondent-Opposite Party

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                     

Present:              Ms. Jaimini Tiwari, Advocate for the appellant.

                                                   O R D E R

NAWAB SINGH J, (ORAL)

The instant appeal has been filed by Smt. Pushpa Yadav-complainant (appellant) against the order dated January 22^nd, 2015 passed by District Consumer Disputes Redressal Forum, (for short ‘District Forum’), Rewari.  For ready reference, operative part of the order is reproduced as under:-

“4)     Resultantly, the complaint is allowed directing the opposite parties to pay interest @ 9% per annum over the refunded amount of Rs.5,20,000/- from the date of deposits till the date of refund i.e. 13.05.2011.  The complainant is also awarded compensation of Rs.40,000/- and litigation expenses of Rs.5500/- against the opposite parties.  The compliance of the order be made within two months from the date of receipt of the copy of this order failing which entire amounts shall fetch penal interest @ 12%.”  

2.      Complainant applied for allotment of plot measuring 320 square yards to M/s Ansal Housing Construction Limited-opposite party (for short ‘builder’).  The complainant paid Rs.5,20,000/- to the builder.  The builder increased the size of the plot from 320 square yards to 460 square yards and asked to pay Rs.33,13,647/- which the complainant refused. The builder cancelled the allotment of plot and  refunded the deposited amount of Rs.5,20,000/- to the complainant.  The complainant requested the builder to reconsider the cancellation of plot and accept the balance outstanding amount or pay interest at the rate of 21% on the deposited amount.  The builder did not give any response to the complainant. Hence, the complaint.

3.      The complaint was accepted by the District Forum and issued direction to the builder as mentioned in opening para of this order.

4.      The complainant has come up in appeal on the short ground that interest awarded on the deposited amount should have been 21% per annum instead of 9% per annum.

5.      The District Forum has not only awarded interest at the rate of 9% per annum but also awarded Rs.40,000/- as compensation and Rs.5500/- litigation expenses.  This being so, the complainant has been adequately compensated and as such, no case for interference in the impugned order is made out to increase the rate of interest to 21%.

6.      The appeal is therefore dismissed.

UK