Appellant was the opposite party before the State Commission. Respondent/complainant’s case is that his wife had a site on which only ground floor had been constructed. Respondent wanted to raise another floor with some alterations in the ground floor. Accordingly, he contacted the appellant to construct the same on payment of Rs.5,45,000/- and some other amounts but in spite of receiving payment, the appellant suddenly stopped the construction. Aggrieved by this, the respondent filed the complaint. State Commission partly allowed the complaint and directed the appellant to pay a sum of Rs.3,35,268/- along with Rs.50,000/- by way of compensation. Rs.3,000/- were awarded by way of costs. The appellant was directed to pay the said amount within a period of two months failing which the awarded amount was to carry interest at the rate of 12% per annum from that date till realization. Case was put up on 11.11.2009 on which date the counsel for the appellant made an oral request for permission to lead additional evidence. Keeping in view the facts and circumstances of the case and to do proper justice between the parties, we directed the counsel for the appellant to seek instructions as to whether the appellant was prepared to pay a sum of Rs.2 lakh to the respondent against security subject to the satisfaction of this Commission as a condition precedent for remand of the case to the State Commission for a fresh decision after permitting the parties to lead additional evidence, if any. Learned counsel appearing for the appellant, after taking instructions from the appellant who is present in the court, states that the appellant is prepared to deposit the amount. The appellant is directed to deposit the sum of Rs.2 lakh with the State Commission on or before 28.2.2010. In case, the amount is deposited, the State Commission is directed to release the same in favour of the respondent subject to his furnishing security to the satisfaction of the Registrar of the State Commission. The appellant had deposited a sum of Rs.35,000/- at the time of filing the appeal in this Commission. The Registrar of this Commission is directed to remit the said sum of Rs.35,000/- along with the accrued interest thereon in the name of the Registrar, State Commission under the name of the appellant, who shall keep the amount and on deposit of Rs.1,65,000/- by the appellant and pay the sum of Rs.2 lakh to the respondent on furnishing security. Thereafter, the State Commission shall take up the Original Petition for passing the final order. The appellant as well as the respondent would be permitted to lead additional evidence, if any. We request the State Commission to dispose of the original petition by 30th September 2010. Parties, through their counsel, are directed to appear before the State Commission on 19.1.2010. Order of remand subject to payment of Rs.2 lakh to respondent, and, in case the appellant fails to deposit the amount, the appeal would automatically stand dismissed. Anything stated in this order be not taken as expression of opinion and the State Commission shall decide the original petition afresh in accordance with law without being influenced by any of the observations made either in this order or the order passed by the State Commission earlier. The appeal stands disposed of in above terms.
......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER | | 
