Monika Singla

Vs

DLF Homes Panchkula Pvt. Ltd.

                   Briefly stated, consumer complaint No.276 of 2016 filed by the applicants/complainants was partly allowed by this Commission vide order dated 27.10.2016. The said order was challenged by DLF Homes Panchkula Pvt. Ltd. before Hon’ble National Consumer Disputes Redressal Commission, New Delhi in FA/1731/2016. The Hon’ble National Commission vide order dated 12.01.2017 passed in FA/1731/2016 granted conditional stay subject to payment of Rs.5 Lakhs by the non-applicants/opposite parties with this Commission. The opposite parties deposited the said amount Rs.5 Lakhs with this Commission on 14.02.2017 vide MA/148/2017. The aforesaid FA/1731/2016 was finally disposed of by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi  vide order dated 01.08.2019, in the light of judgment of Hon’ble Supreme Court in DLF Homes Panchkula Pvt. Ltd. Vs. D. S. Dhanda, Etc. Etc. and DLF Homes Panchkula Pvt. Ltd. & Anr. Vs. Sudesh Goyal, Etc., II (2019) CPJ 117 (SC) wherein the Hon’ble Supreme Court in the cases of possession specifically held that Para 23 as under:-

“19. (iii) Such maintenance work shall be completed by the Appellant within two months of the offer of possession but the payment of interest at the rate of 9 per cent per annum will be for a period of two months from the date of offer of possession in all situations.”

2.                The Hon’ble National Commission in Paras 6, of its order, observed, inter-alia, as under:-

“6.     ……Mr. Praveen Bahadur, Learned Counsel for the Developer herein states that some amount has already been deposited before the State Commission. He submitted that the Developer will give a statement of the amount payable in terms of the order of Hon’ble Supreme Court and file an Affidavit before the State Commission, where-after the State Commission may release the said amount directly in favour of the Consumers/Complainants and the balance amount shall be paid by the Developer within the aforesaid period.”

3.                By way of instant application, which was filed on 26.12.2019, the applicants/complainants, namely, Monika Singla & Amit Singla sought the release of deposited amount of Rs.5 Lakhs alongwith interest accrued thereupon in Fixed Deposit Receipt, in their favour. On the first date of hearing i.e. 14.01.2020, Sh. Shiv Kumar, Advisor (Legal) appeared on behalf of the non-applicants/opposite parties, namely, DLF Homes Panchkula Pvt. Ltd. appeared before this Commission and on his asking, the amount of Rs.5 Lakhs was ordered to be released in favour of the applicants/complainants, which they have received. However, he raised dispute with regard to the entitlement of the applicants/complainants qua the interest accrued on the amount of Rs.5 Lakhs in Fixed Deposit Receipt. The non-applicants/opposite parties also filed objections in this regard.

4.                After hearing the Counsel for the parties and going through the orders passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, referred to above, we are of the concerted view that the applicants/complainants are not at all entitled to the interest on the amount of Rs.5 Lakhs, which already stood released in their favour on 14.01.2020. There is no dispute with regard to the amount of Rs.8,38,236/-, calculated as compensation @9% per annum for the period of delay i.e. from the respective dates of deposits up-to two months from the date of offer of possession, plus lump-sum compensation of Rs.50,000/- for mental agony and physical harassment, in view of order of Hon’ble National Commission. Out of this amount of Rs.8,88,236/-, the applicants/complainants have already received the amount of Rs.3,88,236/-. It may be stated here that the amount of Rs.5 Lakhs deposited with this Commission was not the part of the decretal amount but the same was deposited to avail benefit of the conditional stay granted by the Hon’ble National Commission. Thus, the only amount, which was left to be paid by the non-applicants/opposite parties – DLF Homes Panchkula Pvt. Ltd. was Rs.5 Lakhs to satisfy the decree and not beyond that, which the applicants/complainants have already received. Release of interest accrued on Rs.5 Lakhs in Fixed Deposit Receipt, in favour of the applicants/ complainants will amount to double benefit, which cannot be ordered in any case and it will go against the spirit of order of Hon’ble National Commission. While settling similar issue in MA/518/2019 in CC/326/2016 titled Kavita Thapa Vs. DLF Homes Panchkula Pvt. Ltd., this Commission vide order dated 30.10.2019 rejected the claim of interest on the amount of Rs.5 Lakhs deposited in Fixed Deposit Receipt by observing that it would amount to seeking interest twice.

5.                In view of above, the claim of the applicants/complainants qua component of interest is rejected.

6.                Let the said amount of interest, which is lying in the shape of Fixed Deposit Receipt (FDR No.39092434352), with this Commission be released in favour the applicants/opposite parties i.e. DLF Homes Panchkula Pvt. Ltd., by liquidating the said FDR, against proper receipt and identification.  Office to do the needful forthwith.      

7.                This application bearing No.16 of 2020 stands disposed of accordingly.

8.                Certified copy of this order be sent to the parties free of charge. Copy of the order be also sent to the parties/Counsel through email/whatsapp.

9.                File be consigned to the Record Room after completion.

           [RAJ SHEKHAR ATTRI]

PRESIDENT

[ PADMA PANDEY]

MEMBER

[ RAJESH K. ARYA]

MEMBER