NCDRC

NCDRC

CC/498/2016

DR. ARBIND PRASAD & ANR. - Complainant(s)

Versus

M/S. OMAXE LTD. & ANR. - Opp.Party(s)

MR. MADHURENDRA KUMAR

26 Mar 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 498 OF 2016
 
1. DR. ARBIND PRASAD & ANR.
1885, NICOLE DRIVE, DRESHER, PENNSYLVANIA,
19025 US OF AMERICA.
...........Complainant(s)
Versus 
1. M/S. OMAXE LTD. & ANR.
(THROUGH ITS CMD) OMAXE HOUSE, 7, LSC, KALKAJI,
NEW DELHI110019
2. M/S. OMAXE FOREST SPA & HILLS DEVELOPERS LTD.
(THROUGH ITS CMD) OMAXE HOUSE, 7, LSC, KALKAJI,
NEW DELHI-110019
...........Opp.Party(s)

BEFORE: 
 HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. DINESH SINGH,MEMBER

For the Complainant :
Mr. Madhurendra Kumar, Advocate
For the Opp.Party :
Mr. Sunil Mund, Advocate

Dated : 26 Mar 2021
ORDER

Taken up through video conferencing.

1.      Taking reference in the earlier Order dated 01.10.2019 of this Commission, learned Counsel for the Opposite Parties submits, on instructions, that an amount of Rs. 3,17,84,974/- has been paid by the Opposite Parties to the Complainants. The learned Counsel for the Complainants confirms, on instructions.

2.      Pursuant to the Order dated 01.10.2019, the only residual question in this case is of just and equitable interest / compensation / cost of litigation.

3.      In our considered view, a rate of interest of 8% per annum on the amount deposited by the Complainants will be just and equitable in the facts of the present case. And cost of litigation of Rs.25,000/- will be reasonable.

4.      It is thus ordered that the entire amount of Rs. 1,80,74,721/- deposited by the Complainants shall be refunded by the Opposite Parties to the Complainants with interest at the rate of 8% per annum from the respective dates of deposits till realisation along with cost of litigation of Rs. 25,000/- The amount already paid by the Opposite Parties to the Complainants in compliance of this Commission’s Order dated 01.10.2019 shall be adjusted therein. The balance amount due shall be made good within a period of three months from today without fail. The earlier Order of 01.10.2019 shall be read as an integral part of the instant Order dated 26.03.2021.

5.         The Registry is requested to send a copy each of this Order to both sides as well as to the learned Counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
DINESH SINGH
MEMBER

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