1.       This appeal has been filed under section 51(1) of the Act 2019 in challenge to the Order dated 05.10.2020 of the State Commission in complaint no. 1309 of 2017.

2.       We have heard the learned counsel for the appellant (the ‘builder co.’) and the respondent in person (‘the complainant’) and have perused the record.

3.       The matter pertains to a builder-buyer dispute. The award made by the State Commission vide its impugned Order dated 05.10.2020 is reproduced below for reference:

“21. In view of the above discussion I direct Op-1 to refund Rs. 25,23,541/- with interest @ 12% simple interest as agreed, from the dates of payment till the date of refund within 45 days from the receipt of copy of this judgment."

4.       Learned counsel for the appellant submits, on instructions, that, in the particular facts and circumstances of the present case (alone), as a goodwill gesture, it will not agitate the matter any more and will comply with the award made by the State Commission vide its impugned Order of 05.10.2020 within four months from today. He further requests that the issues involved may be kept open and this may not be treated as a precedent.

5.       In the wake of the above submissions nothing further survives to be adjudicated and the instant appeal stands disposed of with the direction that the award made by the State Commission vide its impugned Order dated 05.10.2020 shall be made good by the builder co. within four months from today, failing which the State Commission shall forthwith undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.

The issues involved are kept open and the decision in this case shall not be treated as a precedent.

6.       The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel immediately. The stenographer is requested to upload this Order on the website of this Commission, immediately.