IA No. 17826 / 2019 ( condonation of delay)
This application is filed by the Appellant seeking condonation of delay of 105 days as per the Appellant and 110 days as per the Registry in filing of the Appeal.
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Learned counsel for the respondents submits that he has no objection if the delay is condoned, subject to payment of cost.
For the reasons disclosed in the application and in view of the no objection, delay is hereby condoned on payment of cost of Rs.10,000/-, which shall be paid to the respondents by way of demand draft within four weeks, failing which complainants are free to file the execution before the State Commission for execution of this amount.
First Appeal No. 2170 of 2019
1. In this case, notice vide order dated 19.11.2019 had been issued only on a limited issue relating to grant of compensation of Rs.1.00 lakh for mental agony and unfair trade practice as mentioned in paragraph 21 (ii) and paragraph 21 (iii).
2. The State Commission issued the following directions:
(i) To pay compensation, by way of interest @ 9% p.a. ( as prayed )on the entire deposited amount, to the complainants, from 28.3.2014 ( committed date ) till 28.06.2017 i.e. two month from the date ( 28.04.2017) when completion certificate was issued in respect of the project in question within 45 days from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount
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shall carry penal interest @ 12% p.a. instead of 9% p.a. from the date of default, till realization.
(ii) To pay compensation in the sum of Rs.1,00,000/- on account of mental agony, physical harassment caused to the complainants, deficiency in providing service and adopting unfair trade practice within 45 days from the date of receipt of a certified copy of this order, failing which the same shall carry interest @ 10% p.a. from the date of filing this complaint till realization.
(iii) To pay compensation in the sum of Rs.1 lac for adopting unfair trade practice by not getting the Allotment Letter / Agreement signed within a reasonable period, after receiving substantial amount from the complainants, as indicate above, within 45 days from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @ 10% p.a. from the date of filing this complaint till realization.
(iv) To pay cost of litigation to the tune of Rs.33,000/- to the complainants within 45 days from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @ 10% p.a. from the date of filing this complaint till realization.
3. Learned counsel for the respondent submits that since the direction in paragraph 21 (ii) and (iii) are against the dictum of the Hon’ble Supreme Court
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in 2020 16 SCC 318 titled DLF Homes Panchkula Pvt. Ltd. & Anr. Vs. D.S Dhanda Etc. Etc., the same can be scored out.
4. While confirming the findings of the State Commission on the issue of deficiency in service, the impugned order is modified to the following effect:
The Following directions are issued :
(i) To pay compensation, by way of interest @ 9% p.a. ( as prayed ) on the entire deposited amount, to the complainants, from 28.3.2014 ( committed date ) till 28.06.2017 i.e. two month from the date ( 28.04.2017) when completion certificate was issued in respect of the project in question, within 45 days, from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount shall carry penal interest @ 12% p.a. instead of 9% p.a. from the date of default, till realization.
(ii) To pay cost of litigation to the tune of Rs.33,000/- to the complainants, within 45 days from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @ 10% p.a. from the date of filing this complaint till realization.
(iii) The payment shall be made within eight weeks from today.
5. With these directions, the present Appeal stands disposed of.
