ORAL
The present Appeal has been filed by the Appellant against the order of the State Consumer Disputes Redressal Commission, UT Chandigarh (for short “the State Commission”) whereby following directions were issued:
(i) To refund the amounts of ₹44,99,668.00, along with simple interest @ 15% p.a. to the respective complainant(s), from the respective dates of deposits, till realization, within 45 days, from the date of receipt of a certified copy of this order, failing which the Opposite Parties shall pay  the aforesaid amounts along with simple interest @ 18% p.a. instead of 15% p.a., from the date of default till actual payment.

(ii) To pay an amount of ₹1,25,000/- as compensation for mental agony and physical harassment and ₹35,000/- as litigation costs to the complainant(s), within a period of 45 days from the date of receipt of a certified copy of the
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order, failing which the Opposite Parties shall pay the aforesaid amount along with simple interest @ 15% p.a. from the date of filing the complaint till actual payment.”

It is not disputed by the Appellant that the Respondent had booked the subject flat in their project called “DLF Valley, Panchkula”.  The possession of the said flat was to be delivered to the Respondent within 24 months of the agreement + 12 months of the force majeure, i.e. within three years.  The fact that the possession of the flat was not given by the Appellant to the Respondent within that stipulated period and there is a delay in delivery of possession stands proved by way of evidence before the State Commission.  The finding of the State Commission that there was deficiency in service on the part of the Appellant, therefore, cannot be found fault with.
It is submitted by learned Counsel for the Appellant that recently the Hon’ble Supreme Court has recently in Civil Appeal Nos.4910-4941 of 2019 DLF Homes Panchkula Pvt. Ltd. Vs. D. S. Dhanda, Etc., where the refund had been ordered by the State Commission, the order of the State Commission is modified by the Hon’ble Supreme Court in Civil Appeal Nos.4942-4945 of 2019 DLF Homes Panchkula Pvt. Ltd. & Anr. Vs. Sudesh Goyal, Etc. and the rate of interest was reduced from 15% to 9% from the date
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of deposit till the date of refund and the cost awarded by the State Commission to the tune of ₹35,000/- is maintained. 
It is prayed that similar directions be also issued in the present Appeal since this case is squarely covered by the said case.
Learned Counsel appearing for the Respondent submits that he has no objection if the similar order is passed. 
Heard.  Since it is a covered case, the impugned order is modified and the following directions are issued:
(i) The interest shall be paid on the deposited amount to the Respondent @ 9% p.a. from the date of subsequent deposit till the date of refund;

(ii) Cost of ₹35,000/- shall also be paid.

The payment shall be made within ten weeks.  The Appeal stands disposed of in the above terms.