Pronounced on: 28th June 2022 ORDER Heard the learned Counsel for the Appellants and the Respondent, present in person. The Review Application, under Section 60 of the Consumer Protection Act, 2019, has been filed by the Applicant – Respondent – Harpreet Singh Dhot for modification of Order dated 21.01.2022 of this Commission in First Appeal No. 1217 of 2017. The Consumer Complaint bearing no. 726 of 2016 had been filed by the Applicant / Complainant before the State Commission, U.T. Chandigarh, which was partly accepted vide order dated 27.02.2017 and directed to hand over the actual possession of the unit within four months from the date of receipt of certified copy of the order complete in all respect. The State Commission also granted compensation and other directions, however, there was no Order for the refund of the amount. Being aggrieved, the Opposite Parties filed First Appeal No. 1217 of 2017 before this Commission. The Appeal was decided on 21.01.2022. We have perused the material on record, inter alia, the impugned order. In paragraphs 15 and 16, instead of delivery of possession, it was ordered to refund of the entire amount. The paragraphs 15 and 16 are reproduced as below: “15. In view of the discussion above, we are of the considered view that the Order of the State Commission sustains, however considering the recent precedents of Hon’ble Supreme Court (supra) we modify the rate of awarded by the State Commission from 12% to 9% per annum. 16. Accordingly, the First Appeal is dismissed with the above modification. The Appellants shall refund the entire amount @ 9% per annum from the respective date of deposits within six weeks from the pronouncement of this Order, failing which the amount shall carry interest @ 12% per annum till its realization. We further award Rs. 50,000/- towards the cost of litigation to the Complainant.” Thus, the Complainant was seeking possession of the flat in question, but never asked / prayed for the refund of the amount. Based on the discussion above, the Order dated 21.01.2022 is modified, and the paragraph no. 16 stands deleted. Accordingly, the Opposite Parties are directed to hand over possession to the Respondent within six weeks from today alongwith compensation @ 9 % per annum from the date of default till actual physical possession, failing which the amount shall carry interest @ 12% per annum”. The Review Application stands allowed with the modification made above. The Registry is directed to send a copy of this Order to both the parties. | 
