ORDER (ORAL)

1.     This appeal filed under section 19 of the Consumer Protection Act, 1986, (in short, ‘the Act’) assails the order dated 04.06.2019 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ‘the State Commission’) in Complaint no. 65 of 2017.

2.     The brief facts of the case are that the complainant/ respondent approached the appellant/ opposite party for transfer of allotment of the unit originally booked in the name of one Ms Anjali Joshi on 18.09.2021 and unit B – 125 GF Ansal Majestic Floors, Alwar, a project of the Appellant/ opposite party who is a builder, was transferred in the name of the respondent herein vide letter dated 10.10.2012. The amount paid by the original allottee was deposited in the name of the complainant. The total cost of the unit was Rs.28,88,400/-. A discount of Rs.86,520/- was given and hence, the cost was reduced to Rs.27,97,480/-.

3.     An allotment letter dated 01.03.2013 stipulating the terms and conditions of the allotment of the unit was signed and a Tripartite Agreement executed between the LIC Housing Finance Limited, Complainant and the Appellant Company on 23.01.2014.  Possession of the unit was assured within a period of 36 months with a grace period of 6 months from the date of execution of the allotment letter or from the date of obtaining all the required sanctions and necessary approvals for the commencement of construction, whichever is later subject to timely payment of dues and force majeure circumstances as per Clause 31 of the Allotment Agreement.

4.     The appellant offered the possession of the unit to the respondent on 21.08.2017 subject to clearing of the outstanding dues ofRs.1,42,450/-. The respondent however, did not take the possession of the unit.

5.     The respondent/ complainant filed complaint no.65 of 2017 before the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ‘the State Commission). The State Commission passed orders on 04.06.2019, as below:

(i)     The opposite party be paid to the complainant the amount of Rs.26,30,847/- with the interest at the rate of 18% interest per annum;

(ii)    The opposite party be paid to the complainant the amount of Rs.2,00,000/- compensation for mental agony and the amount of Rs.50,000/- for the expenditure of the complaint within the two months from the date of order with interest at the rate of 9% from the presenting complaint date 01.06.2017.

6.     The appellant has assailed this order through the present First Appeal.

7.     Heard the learned counsel for the parties. Proxy counsel appeared on behalf of the respondent on authority.

8.     Counsel appearing on behalf of the appellant submitted that vide order dated 01.08.2019 this Commission had issued notice to the respondent confined to the issue of rate of interest awarded by the State Commission at 18% per annum as well as compensation of Rs.2,00,000/- awarded separately. It was argued that the rate of interest at 18% per annum was highly excessive as the Hon’ble Supreme Court as well as this Commission have been granting compensation @ 9% per annum in cases of delay in handing over the possession.  It was also submitted that that award of Rs.2,00,000/- as compensation in addition to the compensation already awarded be also reconsidered in the light of the judgments of the Hon’ble Supreme Court and this Commission. Counsel appearing on behalf of the respondent does not contest the same and submitted that the rate of interest at 9% is acceptable.

9.     In view of the Hon’ble Supreme Court having laid down in the case of DLF Homes Panchkula Pvt. Ltd., vs D S Dhanda (2020) 16 SCC 318, that award of multiple compensations for a singular default is not justified, the award of Rs.2,00,000/- as compensation does not sustain and is accordingly set aside. As regards the rate of interest awarded  by the State Commission in the impugned order, an interest rate of 9% per annum is considered to be fair and equitable in terms of the judgment of the Hon’ble Supreme Court in Experion Developers Pvt. Ltd. Vs Sushma Ashok Shiroor, C.A. No. 6044 of 2019 decided on 07.04.2022. The interest shall be payable from the respective dates of deposit till the date of the order of the State Commission. Both counsels fairly consent to the same.

10.   Accordingly, the impugned order is modified as below:

(i)    Opposite party is directed to pay the complainant Rs.26,30,847/- with interest @ 9% from the respective dates of deposit;

(ii)    This order shall be complied with within eight weeks failing which the applicable rate of interest shall be 12% per annum;

(iii)  The award of Rs.2,00,000/- as compensation for mental agony is set aside; and

(iv)  The award of Rs.50,000/- will remain unchanged.

11.   The appeal is disposed of in the above terms.