1.   This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 12.11.2018 of the State Commission in complaint no. 418 of 2015.

2.   Heard the learned counsel for the appellant (the ‘builder co.’) and the learned counsel for the respondent (the ‘complainant’). Perused the record.

3.   The award made by the State Commission as contained in para 11 of its Order is being reproduced below:

11. In view of the discussion above, I am of the considered opinion that the OPs in the present case are guilty of ‘deficiency in service’ and ‘unfair trade practice’. OPs are, therefore, directed to pay to the complainant as under:

1. OPs shall refund the amount of Rs.32,82,080/- alongwith interest @ 18% per annum from the date of its deposit till the date of its realization.
2. OPs shall pay to the complainants compensation to the tune of Rs.5,00,000/- for causing inconvenience, harassment, sadness, frustration and mental agony.
3. OPs shall pay to the complainants litigation charges to the tune of Rs.1,00,000/-.

The aforesaid amounts shall be paid by the OPs to the complainants within a period of 30 days from today failing which these amounts shall carry interest @ 24% per annum. Complainant is accordingly disposed of. File be consigned to Records.

4.   Taking reference in the above-quoted award learned counsel for the builder co. submits on instructions that the builder co. is willing to refund the amount of Rs.32,82,080/- with interest at the rate of 12% per annum from the respective dates of deposit till actual realization and to pay lumpsum compensation of Rs. 5,00,000/- and cost of litigation of Rs. 1,00,000/-.

Learned counsel for the complainant submits on instructions that the afore terms are acceptable to the complainant. 

5.   In the wake of the above submissions nothing survives in this appeal and the same is disposed of with the direction that the award made by the State Commission is modified to the extent that an amount of Rs.32,82,080/- shall be refunded by the builder co. to the complainant with interest at the rate of 12% per annum from the respective dates of deposit till actual realization along with Rs.5,00,000/- as lumpsum compensation and Rs. 1,00,000/- as cost of litigation. 

6.   Learned counsel for the builder co. submits on instructions that an amount of Rs.38,00,000/- has already been paid to the complainant during the course of execution proceedings before the State Commission. Learned counsel for the complainant confirms on instructions.

Learned counsel for the builder co. requests that it may be made clear in our order that the said amount which has already been paid would be adjusted while satisfying the award as modified herein. He also submits that the residual amount will be paid in its entirety within eight weeks from today. Learned counsel for the complainant has no objection.

7.   It is accordingly directed that the amount of Rs. 38,00,000/- which has been paid during the execution proceedings shall be adjusted against the award as modified herein (contained in para 5 above) and the residual amount shall be paid in its entirety within eight weeks from today without fail.

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

9.   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.