Dtd.13.08.2024                                            A/429/2023

O R D E R

           BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.20.11.2020 passed in CC/1240/2018 on the file of 1^st Addl., District Commission, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. Now, the point that arise for consideration of this Commission would be:

Whether the impugned order dtd.20.11.2020 passed in CC/1240/2018 does call for an interference of this Commission for the grounds set out in the appeal memo ?

3. At the very outset, we have to observe herein there is  delay of  797 days in preferring the appeal and this appeal is filed to  modify the order dtd.20.11.2020, wherein the District Commission allowed the complaint in part and directed OP to refund the sital value of Rs.6,93,000/- along with interest at 12% p.a. from the date of receipt of amount and to pay a sum of Rs.20,000/- as damages for causing mental agony and hardship and to pay Rs.5,000/- towards litigation expenses. According to Appellant/Complainant, he is entitle for interest at 24% p.a. and the compensation awarded at Rs.20,000/- towards damages for causing mental agony is not adequate compensation. Even if his appeal could be entertained by condoning the delay of 797 days, in our view, awarding interest at 12% p.a. on Rs.6,93,000/- could not be said lesser interest awarded by the DCDRC. In our view, even in the recent past the Hon’ble Apex court of India in similar such cases use to award interest at 12%p.a. In such circumstances, we did not find any reasons to interfere in the impugned order. Accordingly proceed to dismiss the appeal with no order as to cost.
4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*