1.      The present Revision Petition has been filed by the Petitioner/ Complainant against impugned order dated 01.04.2019, passed by the learned State Consumer Disputes Redressal Commission, Karnataka, (‘the State Commission’) in Appeal No.1193/2018 wherein the State Commission allowed the Appeal filed by the Respondent/OP and modified the order dated 13.07.2018 passed by the District Consumer Disputes Redressal Forum, Mysore, (‘the District Forum’) and directed the Respondent/OP to refund a sum of Rs.14,00,000/-. However, in case, Petitioner/Respondent opt for the site, Respondent/Opposite Party shall allot and register the site in favour of complainant by accepting the balance sale consideration amount of Rs.5,20,000/-. Further, Petitioner/ Complainant also entitled for cost of Rs.2,000/- as awarded by the District Forum.

2.      For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

3.      Heard the learned Counsel for the Parties on the limited question of quantum of compensation in the form of interest on the refund amount, if any.

4.      Learned Counsel for the Petitioner/Respondent submitted that the Petitioner/Complainant deposited Rs.14 Lakh with Respondent/ OP against the total sale consideration of Rs.19,20,000/-. He had also paid Rs.3200/- as subscription membership fees. The Respondent/ OP utilised this amount and failed to deliver the plot in time. Therefore, they shall be liable to pay the suitable interest on the refund amount.  He has relied upon the following judgments:

(i) Orissa Coop. Housing Corpn. Ltd. V. K.S. Sudarshan, (2016) 16 SCC 501;

(ii) K.A. Nagamani v. Karnataka Housing Board, (2015) 16 SCC 587;

(iii) Telecom Employees Housing Co-operative Society Ltd. V. SN Parmeshwara, 2018 SCC OnLine NCDRC 487.

5.      On the other hand, the learned Counsel for the Respondent/ OP argued that the Respondent Society is ready to refund the money since inception along with his membership fees and therefore nothing remains in the matter anymore. He sought to dismiss the Revision Petition with cost.

6.      Considering the facts and circumstances of the case, arguments advanced on behalf of both the Parties and on perusal of the decision relied upon on behalf of the Petitioner, in my considered opinion that the Petitioner/Complainant is entitled to refund the deposited amount of Rs.14 Lakh as part consideration amount and Rs.3200/- as membership fees along with a simple interest @ 6% per annum from the date of filing of the Complaint before the District Forum i.e. 03.02.2018 till its realization from the Respondent/OP, within one month from the date of this order. In the event of delay beyond one month, the amount payable shall carry interest @ 9% per annum for such period beyond one month, till the realization of the entire amount.

7.      The Revision Petition No.1767 of 2019 stands disposed of accordingly.

8.      There shall be no order as to costs.  All pending Applications, if any, stand disposed of.