1.      The present Appeal has been filed against the Order dated 20.06.2018 of Uttar Pradesh State Consumer Disputes Redressal Commission (for short State Commission) in Consumer Complaint No.107 of 2017.

2.      The brief facts of the case are that the Respondent/Complainant hereinafter referred as Complainant had booked a flat with the Appellant and the due date of the delivery was in May, 2013.  Since, the Appellant could not deliver the flat to the Complainant within the stipulated period,

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the Complainant filed the Complaint before the State Commission.  The total consideration amount of the flat was Rs.32,12,400/-. 

3.      In the written statement filed by the Appellant before the State Commission, several contentions were raised for the delay.

4.      Parties led their Evidences before the State Commission and the State Commission after perusing the file, appreciating the Evidences and hearing the learned Counsels for the Parties, passed the impugned Order whereby the following directions were issued :

“In the light of above discussion, the complaint is allowed.  The Opposite Parties have failed to hand over the possession of the allotted flat to the complainants within the stipulated period of 24 months of the date of the provisional allotment letter.  The Opposite Party is directed to pay total amount deposited by the Complainants with in a period of 45 days of this order alongwith the interest @ 18 % per annum from the respective dates of deposits to the date of actual payment.  The Opposite Party will pay the amount of Rs.1,00,000/- on account of compensation for mental agony and Rs.30,000/- cost of litigation.  Let the copies of this Judgment and Order be provided to the parties as per rules.”

5.      This Order is impugned by way of the present Appeal before this Commission.   During the course of Arguments, it is not disputed by the learned Counsel for the Appellant that there was a delay in the completion of the flat and till the filing of the Complaint no offer of possession was made and even during the pendency of the Complaint

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before the State Commission no offer of possession has been made.  It is thus apparent that the finding of the State Commission that there was deficiency on the part of the Appellant, who had failed to deliver the possession within the stipulated period, is based on the proved facts on record, I find no perversity or illegality in the said findings.

6.      It is submitted by the learned Counsel for the Appellant that the rate of interest should be reduced to 9% as the interest granted @ 18% is towards much higher side.  It is also requested that in view of the findings of the Hon’ble Supreme Court in the case of “DLF Homes Panchkula Limited vs. D. S. Dhanda etc. (2020) 16 SCC 318”, compensation of 1 lakh on account of mental agony, ought not to be granted and it is submitted that the impugned Order be modified to this effect.  The learned Counsel for the Complainant on instructions agreed to grant of interest @ 9 % per annum and also agreed to the findings of the Hon’ble Supreme Court in “DLF Homes Panchkula Limited vs. D. S. Dhanda etc. (2020) 16 SCC 318” Case.

7.      In view of these submissions of the learned Counsel for the Parties, the impugned Order is modified to the effect that instead of granting the interest @ 18 % per annum as awarded by the State Commission, the Appellant is directed to pay interest @ 9% per annum

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from the respective dates of deposits till the date of actual payment on the deposited amount.  The Appellant is also liable to pay litigation cost of Rs.30,000/- as directed by the State Commission in the impugned Order.  However, the direction of the State Commission to pay Rs.1 lakh towards mental agony, since is against the direction of Hon’ble Supreme Court in “DLF Homes Panchkula Limited vs. D. S. Dhanda etc. (2020) 16 SCC 318” Case (Supra), are set aside.

8.      It is submitted by the Parties that the principal amount has already been received by the Complainant.  Learned Counsel for the Complainant also submits that the loan amount stands paid and no due certificate has already been obtained from the Bank.

9.      The Appellant is directed to make the payment in terms of this Order within eight weeks failing which the interest rate shall be 12% per annum.  With these directions, the present Appeal stands disposed of.