Karnataka

Mysore

CC/09/28

Sri. Jose Jinesh & one another - Complainant(s)

Versus

M/s. Mysore Home Developers Private Limited - Opp.Party(s)

J.M. Aiyanna

06 Mar 2009

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.845, 10th Main, New Kantharaj Urs Road, G.C.S.T. Layout, Kuvempunagar, Mysore - 570 009
consumer case(CC) No. CC/09/28

Sri. Jose Jinesh & one another
...........Appellant(s)

Vs.

M/s. Mysore Home Developers Private Limited
...........Respondent(s)


BEFORE:
1. Smt.Y.V.Uma Shenoi 2. Sri D.Krishnappa3. Sri. Shivakumar.J.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

In pursuance of the memo filed by the opposite party agreeing to refund the complainant’s money with 15% pentalty as agreed. The counsel representing the complainant has filed a memo which has also been signed by the complainant agreeing to receive the sital value paid by him with 15% penalty, but has prayed for awarding interest at 12% p.a. from 18.06.2007 till the date of payment. Heard the counsel for both the parties and found that the complainant will be entitled for refund of his paid up money with 15% penalty, but interest at 12% is to be awarded from the date of demand that is from 27.02.2008 till the date of payment. On hearing both parties, we find it just to award payment of interest from the date of demand till the date of payment. At this stage, after due deliberation between both the counsel, they submitted to order for payment of Rs.2,82,000/- the sital value, 15% of penalty on that amount and a lumpsum of Rs.10,000/- as damages with a direction to pay entire amount on or before 10.04.2009. In default to pay interest at 10% p.a. from the date of this order till the date of payment. With this, we pass the following order: ORDER 1. Complaint is allowed. 2. The opposite party is directed to refund Rs.2,82,000/- with 15% penalty on that amount and a sum of Rs.10,000/- as damages and he shall pay this entire amount to the complainant on or before 10.04.2009. In default to pay the said amount within the stipulated period, he shall pay interest on the entire amount at 10% p.a. from the date of this order till the date of payment. 3. The opposite party shall also remit a sum of Rs.5,000/- to the Legal Aid Account of this Forum within 30 days from the date of this order, failing which he shall pay interest at 9% p.a. from the date of this order till the date of payment. 4. Give a copy of this order to both the parties according to Rules.




......................Smt.Y.V.Uma Shenoi
......................Sri D.Krishnappa
......................Sri. Shivakumar.J.