1.   This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 21.09.2018 of the State Commission in complaint no. 416 of 2017.

2.   Heard the learned counsel for the appellant (the ‘builder co.’) and the respondents (the ‘complainants’) in person. Perused the record.

3.   The State Commission has ordered the builder co. to refund a sum of Rs.  44,66,014/- to the complainants with interest at the rate of 12% per annum from the respective dates of deposit within 60 days of receipt of a copy of its Order, with the stipulation that if the payment is not made within the said 60 days the rate of interest shall stand enhanced to 18% per annum for the period of default. It has also awarded lumpsum Rs. 2,00,000/- as compensation for the physical and mental harassment and Rs. 21,000/- as cost of litigation.

4.   Learned counsel for the builder co. submits on instructions that the builder co. is ready and willing to unconditionally refund the principal amount of Rs. 44,66,014/- with interest at the rate of 12% per annum from the respective dates of deposit till actual realization and to pay lumpsum Rs. 2,00,000/- as compensation for the physical and mental harassment and Rs. 21,000/- as cost of litigation within 8 weeks from today without fail.

The complainants in person submit that the afore terms offered by the builder co. are acceptable to them.

5.   In the wake of the above submissions nothing remains to be adjudicated in this appeal and the same is disposed of with the directions that the principal amount of Rs. 44,66,014/- shall be refunded by the builder co. with interest at the rate of 12% per annum from the respective dates of deposit till actual realization along with lumpsum Rs. 2,00,000/- as compensation for the physical and mental harassment and Rs. 21,000/- as cost of litigation within 8 weeks from today, failing which the State Commission shall forthwith undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.

This Order has been made on consent. As such the decision in this case shall not be treated as a precedent.  

6.   The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel as well as to the State Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.