At the outset, Learned Counsel appearing for the Respondents/ Complainants submit that as per their instructions, the Complainants have no objection if all these Revision Petitions are disposed of in terms of the order, dated 15.03.2017, made by this Commission in Satish Kumar Dutta and Anr. v. M/s Unitech Ltd. and Anr., 2017 (2) CPJ 506. In the said decision, it has been held that the Complainants would be entitled to interest on the amounts, deposited by them, only for the period from the committed date of delivery of possession till the date when the possession of the subject flat(s) was actually delivered to them. Learned Counsel, however, submit that since there has been delay in payment of the amount of interest, even in terms of the directions in Satish Kumar Dutta (Supra), the Petitioners may be directed to pay interest to the Complainants for the entire period from the committed date of delivery of possession till actual payment of interest. Learned Counsel appearing for the Petitioners, on the other hand, submits that since the Petitioners had already deposited 50% of the interest, as awarded by the Fora below, in the State Commission, which has already been released to the Complainants, they should not be made liable to pay interest on the amount already deposited in terms of the said order. We find merit in the submission made on behalf of the Petitioners. Consequently, all the Revision Petitions are allowed, with a direction that the Complainants shall be entitled to interest, at the rate as awarded by the Fora below for the period from the committed date of delivery of possession till the date of actual delivery of possession to them, with further interest for the period from the date of actual delivery of possession till actual payment of the interest in terms of the order passed by the Fora below. It goes without saying that while remitting the amount due to each of the Complainants’ in terms of this order, it will be open to the Petitioners to account for the amount already released to the Complainants. The balance amount(s) shall be remitted to the Complainants by means of demand drafts drawn in their favour, within four weeks from the date of receipt of a copy of this order. All the Revision Petitions stand disposed of, leaving the parties to bear their own costs. |