For the Appellant (s)           Mr Prabhakar Tiwari, Advocate  

For the Respondent(s)         Mr S Surender, Advocate 

ORDER

PER MR SUBHASH CHANDRA

1.     Heard the learned counsel for the parties.

2.     In this case there is a delay of 711 days beyond the statutory period for filing of the appeal ending on 10.02.2021. The counsel for the appellant submits that the order of the State Commission has directed refund of the amount paid by the respondent to the appellant in respect of the flat booked by her with interest @ 8% per month.  At this rate of interest, the rate of interest per annum works out to be 96%. Condonation of delay in this case is considered to be necessary in order to prevent miscarriage of justice since the award of compensation @ 96% per annum is perverse and untenable. In any case, the appellant has already deposited the amount with the State Commission along with interest @ 8% per annum in compliance.

3.     In this case, appellant’s deficiency of service stood established before the State Commission. The only issue is the rate of interest which is admittedly untenable and could be on account of typographical error.

4.     Counsel for the respondent submitted that the appellant has deducted TDS on the amount paid and has delayed the refund of the amount deposited by him and that he would have no objection if the delay is condoned subject to appellant being put to terms.

5.     In view of the foregoing discussion, the condonation of delay under section 24 (A) is considered to be necessary in order to prevent a miscarriage of justice. Accordingly, in the interest of justice, the delay is condoned subject to :

1. cost of Rs.1,00,000/- to be paid by the appellant to the respondent within four weeks;
2. repayment of TDS on the refund by the appellant to the respondent with interest @ 6% per annum from the date of deduction till realisation within two months of this order failing which it shall attract interest @ 9%; and
3. payment of litigation cost of Rs.25,000/- by the appellant to the respondent.

6.     The State Commission is directed to release the amount deposited by the appellant along with accrued interest to the respondent on receipt of this order.