PER JUSTICE SHRI A.P.BHANGALE, HON’BLE PRESIDENT

1.         The complainants had lodged this complaint on the ground that opposite party/Sahara City Home Nagpur had promised to construct the project Sahara City at Wardha Road, Nagpur. Out of which paint house was promised to be sold infavour of the complainants. The complainants had parted with sum of Rs.37,52,516/- towards consideration of the flat agreed to be sold to the complainants. Amount is inclusive of down payment, bank loan and interest. According to complainants earlier the paint house was promised but later flat was promised to be sold for which sum of Rs.26,93,065/- were paid by the complainants. Further, according to complainants obtaining amounts payable to the opposite party/bank loan was availed on at interest 9.75% p.a. At the hearing of the complaint, complainants appear to be happy with refund of the amount already advanced towards the consideration together with interest and also expenses incurred towards execution of various agreements with the opposite party and compensation in the  sum of Rs.5,00,000/- for sufferings mental agony and cost.

2.      Our attention is invited to orders passed in consumer complaint bearing Nos.16/19, 17/19, 17/20, 17/21, 13/59, 18/65 and 15/150 in which State Commission has ordered refund of the amount with interest and compensation. According to the learned advocate of the opposite party said judgments would be subject matter of challenge before Hon’ble National Commission. No interim stay has been obtained till today. Thus there is no impediment particularly when complainant have opted for refund of  the  amount paid to the opposite party with interest and compensation instead of flat agreed to be sold to him.

3.      Relying upon the pursis dated 22/02/2019 filed by the complainants, we restrict the complaint as partly allowed with monitory relief in terms as follows.

4.      The opposite party shall refund the amount of Rs.37,52,516/-, all inclusive as indicated in pursis dated 22/02/2019 as paid by the complainants towards consideration etc. of the flat agreed to be sold to the complainant.

5.      Since the complainants had raised the amount from bank loan and hence that amount be refunded to the complainants with interest @ 9.75% p.a. with effect from the date of amount paid or deposited with the opposite party till the date of realisation of the amount.

6.      We also award compensation reasonable and just in the sum of Rs.2,00,000/- on account of mental agony, physical harassment and inconvenience suffered by the complainants and for deficiency in service and sum of Rs.25,000/- towards cost of litigation. Complaint is partly allowed accordingly.