Delhi

StateCommission

A/525/2015

M/S EARTH INFRASTRUCTURE LTD. - Complainant(s)

Versus

MS. BINA BHARDWAJ & ANR. - Opp.Party(s)

20 Jan 2017

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments : 20.01.2017

Date of Decision : 30.01.2017

 First Appeal No. 525/2015

(Arising out of the order dated 09.07.2015 passed in Complaint Case No.330/2014 by the

District Consumer Redressal Forum-Central, Delhi.)

In the matter of:

 

M/s. Earth Infrastructures Limited,

Through its Authorised Representative

Having its registered office at:

26, 1^st Floor, Pusa Road,

Delhi-110005.                                                                   …..........Appellant

 

Versus

 

1. Mrs. Bina Bhardwaj

W/o Sh. Vinay Kumar Bhardwaj,

 

2. Ms. Neeti Bhardwaj,

D/o Sh. Vinay Kumar Bhardwaj

 

Both resident of:

 

          Flat No.74-D, Pocket-III,

          Mayur Vihar, Phase-I,

          Delhi-110091.                                                        ….....Respondents

                                                                

CORAM

 

O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                               Yes/No

2.      To be referred to the reporter or not?                                                                                                        Yes/No

 

 O.P. Gupta, Member (Judicial)

 

1. The present appeal is directed against order dated 15.07.2015 passed by District Forum directing OP to refund Rs.6,00,000/- alongwith interest @18% per month from date of deposit till payment and Rs.20,000/- as cost of litigation. It has also been directed that in case OP fails to pay the said amount within 30 days it would be liable to pay interest on the entire awarded amount @10% per annum.

 

2. Complainant/respondent-1 herein booked Flat in project “EARTH COPIA”  and paid Rs.4,00,000/- by cheque.  She further paid Rs.2,00,000/-.  On the advice of Sh. Naveen Pant and Sh. Madan Singh, both AR of Ops, she applied for cancellation of booking and refund of Rs.6,00,000/- vide letter dated 24.03.2014.  On 02.04.2014 said ARs came to residence of complainant and asked to fill requisite form and submit the same alolngwith original receipt of payment of Rs.6,00,000/-.  Despite that OP kept on sending demand letters.

 

3. OP filed WS which was not signed by any AR. Its evidence by affidavit was not attested by any Oath Commissioner / Notary Public.  Hence, the same was no affidavit in the eyes of law. On the basis of material on record, the District Forum retuned the finding that OP was    guilty of deficiency in service.  Accordingly, the impugned order was passed.

 

4. During the course of arguments on appeal, counsel for respondent submitted that respondent was willing to settle the matter against refund of principal amount alongwith reasonable interest.   On 07.12.2016 counsel for appellant sought time to take instructions regarding rate of interest.  The same was allowed till 20.01.2017. On 20.01.2017 the counsel for appellant again requested for time to take instructions regarding rate of interest.  The same was declined.

 

5. The controversy between the parties is very limited to the extent of rate of interest.  Interest @18% per annum as granted by District Forum is on the higher side.  In the present scenario when the rate of FD by nationalised bank is around 7%  per annum, it appears that grant of interest @9% per annum would meet needs of justice.

 

6. To sum up, the appeal is accepted in part, impugned order is modified to the effect that appellant is directed to refund Rs.6,00,000/- alongwith interest @9% per annum from the date of deposit till date of refund.  Order regarding cost of litigation and interest on entire awarded amount @10% per annum in case of failure to comply with the order within 30 days is set aside.

 

7. Copy of the order be sent to both the parties free of cost. One copy of the order be sent to the District Forum for information.

 

8. File be consigned to Record Room.

 

(O.P. Gupta)

Member (Judicial)

Bench-2

                         

 

 

245.