This First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) by a Real Estate Developer, namely, Kolkata West International City Private Limited, is directed against the order dated 01.07.2016 passed by the State Consumer Disputes Redressal Commission, West Bengal (for short “the State Commission”) in Complaint Case No.67 of 2011. By the impugned order, while accepting the Complaint filed by the Respondent herein alleging deficiency in service on the part of the Appellant in not delivering the possession of a row house, together with cluster plan, in spite of his paying a sum of ₹40,93,000/- in terms of the letter of allotment, dated 20.09.2006, the State Commission has directed the Appellant to refund to the Complainant a sum of ₹39,29,280/- along with interest at the rate of 12% p.a. from the date of payment till realization. The State Commission has also directed the Appellant to pay a compensation of ₹5,00,000/- as also litigation costs quantified at ₹20,000/-. On 29.08.2016, when the Appeal came up for motion hearing, notice was directed to be issued to the Respondent confined to the question of award of compensation of ₹5,00,000/- awarded by the State Commission in favour of the Respondent. Upon notice, the Respondent is represented. -3- Having heard learned Counsel for the parties and perused the terms of the agreement between the parties, which stipulates the payment of interest at the rate of 4% p.a. in the event of delay in handing over of the possession of the subject row house and bearing in mind the fact that interest at the rate of 12% p.a. on the afore-said amount has been awarded by the State Commission, we are of the opinion that the amount of compensation awarded is on the higher side. Having regard to the facts and circumstances of the case, in our opinion, the award of compensation of ₹2,00,000/- in favour of the Respondent would meet the ends of justice. Ordered accordingly. However, all other directions issued in the impugned order are maintained. The Appeal stands disposed of in the above terms with no order as to costs. |
