30.01.2023
ORDER ON ADMISSION
Mr. RAVISHANKAR, JUDICIAL MEMBER
The appellant/complainant has preferred this appeal being aggrieved by the Order dt.16.12.2022 passed in CC.No.224/2022 on the file of 2nd Additional District Consumer Disputes Redressal Commission, Bangalore.
2. The appellant preferred this appeal for enhancement of the interest in the award amount passed by the District Commission and submits that the complainant applied for a site measuring 30x40 feet at ‘Sandesh Nagar – 2’ which was developed by the Opposite Party. Inspite of an amount of Rs.5,76,000/- was paid in four installments, the Opposite Party has not developed the layout. Subsequently, the complainant filed a complaint and sought for refund of the amount paid with interest at 18% p.a. After trial, the District Commission only directed this appellant to pay Rs.5,76,000/- with interest at 9% p.a. from 11.11.2013, till realization. Infact the complainant sought for 18% interest, but, the District Commission without considering the submissions and delay in not allotting the site has directed to pay meager interest at 9% p.a. The complainant had paid such a huge amount to the Opposite Party for allotment of site if the said amount was invested in the capital market, the complainant would have earn 24% interest, hence, he suffered financial loss. Therefore, the complainant prayed to enhance the interest from 9% to 18% p.a. in the interest of justice and equity.
3. Heard the appellant on admission.
4. On going through the appeal memorandum and the Order passed by the District Commission, there is no dispute that the complainant applied for a site which was not allotted subsequently sought for refund and filed a complaint before the District Commission. The respondent/Opposite Party placed exparte before the District Commission. After trial, the District Commission arrived at a conclusion that the Opposite Party is liable for refund of the amount of Rs.5,76,000/- along with interest at 9% p.a. The said interest was payable from 11.11.2013, till realization. Whereas the complainant has preferred this appeal for enhancement of the interest on the said amount and also cited one decision 2015 4 CPR(NC) 34 rendered by the Hon'ble National Consumer Disputes Redressal Commission in the matter between Swarn Talwar and others v/s Unitech Ltd., and submits that the Hon'ble National Consumer Disputes Redressal Commission has awarded interest at 18% p.a. as comprehensive of all inclusive compensation. Basing on the said citation, the appellant sought for enhancement of the interest.
5. Here we noticed that there is no commercial transaction took place and the Society which was constituted for allotment of sites had not invested the said amount to any other purpose to earn profits. The complainant has not produced any material to show that the respondent has utilized the amount spent towards allotment of site to the appellant/complainant to some other purpose and earn profits. In the absence of such materials, we do not find any valid reasons to enhance the interest. As such, we do not find any illegality or irregularity in the order passed by the District Commission. Hence, the following;
ORDER
The appeal is dismissed.
Forward free copies to both parties.
Sd/- Sd/-
(Sunita .C. Bagewadi) (Ravishankar)
Member Judicial Member
KCS*
