Complainant/appellant booked Shop No.0-1-GF 039 at Trade Square, Vaishali, a project floated by the respondent and paid Rs.8,59,200/- towards 40% of the total consideration.  Construction of the shop was not completed.  Appellant requested the respondent to return the deposited amount with interest.  Respondent did not refund the amount. 

Being aggrieved, appellant filed complaint before this Commission, which was returned to the appellant to file it before the State Commission as the State Commission had the pecuniary jurisdiction to decide the complaint. 

During the pendency of the complaint before the State Commission, respondent deposited Rs.10 Lakh.  State Commission allowed the complaint in the following terms :

“The complainant has already received Rs. 10 lac from the OP while he had paid a total sum of Rs.8,59,200/- to the OP. It will be appropriate in these circumstances if the complainant is allowed to retain the remaining amount of Rs. 1,40,800/- as damages. The complainant is further entitled to interest on a sum of Rs. 8,59,200/- from 10.7.98 the date on which this amount was fully paid to the OP builder, till the payment of above Rs. 10 lac. Interest will be calculated at the rate of 9% per annum till date of payment. Further a sum of Rs.5,000/- will be paid as costs of complaint. Ordered accordingly. The OP builder will pay this amount to the complainant within thirty days the OP receives this order.”

        Complainant has filed this appeal seeking enhancement of compensation and interest @ 18%. 

Appellant had paid only 40% of the total sale which has been ordered to be returned to the appellant with interest @ 9%.  9% is the usual rate of interest, which is being granted by the Supreme Court as well as this Commission.  Apart from interest, petitioner has been given Rs.1,40,800/-.  In our view, the interest as well as the compensation awarded by the State Commission is sufficient.

No ground for interference is made out.  Dismissed.