JUSTICE V.K. JAIN (ORAL) The complainant/respondent booked a residential flat with the OP company in a project “Omaxe Cassia” which the said OP was to develop at Mullanpur LPA GMADA, District SAS Nagar of Punjab. A flat admeasuring 1725 sq.ft. was allotted to her and she paid a sum of Rs.2557424/- to the appellant. The possession of the flat was to be delivered by March 2014. However, despite the complainant having paid about 95% of sale consideration, the possession of the flat was not offered to her. She, therefore, approached the concerned State Commission by way of a consumer complaint. 2. The complaint was resisted by the appellant company on several grounds. The State Commission vide its order dated 25.7.2016 directed as under:- “ (i) To hand over physical possession of the unit, allotted in favour of the complainant, complete in all respects, as per the terms and conditions of the Agreement, to the complainant, within a period of four months, from the date of receipt of a certified copy of this order, on payment of the amount, legally due against her. (ii) To execute and get registered the sale deed, in respect of the unit, in question, within one month from the date of handing over possession, as indicated in Clause (i) above, on payment of registration charges and stamp duty etc. by the complainant. (iii) To pay fine/compensation, by way of interest @12% p.a., on the deposited amount, to the complainant, from 19.12.2014 to 31.07.2016, within two months, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry penal interest @15% p.a. instead of 12% p.a., till realization. (iv) To pay fine/compensation by way of interest @12% p.a. on the deposited amount, due to the complainant w.e.f. 01.08.2016, onwards (per month), by the 10th of the following month, failing which, the same shall also carry penal interest @15% p.a., instead of 12% p.a., from the date of default, till payment is made. This amount of penalty shall be paid in this manner till actual delivery of possession. (v) To pay compensation, in the sum of Rs.3 lacs, on account of mental agony and physical harassment, caused to the complainant, within two months from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @12% p.a., from the date of filing the complaint till realization. (vi) To pay cost of litigation, to the tune of Rs.50,000/-, to the complainant, within two months from the date of receipt of a certified copy of this order, failing which, the same shall also carry interest @12% p.a., from the date of filing the complaint till realization.” 3. Being aggrieved from the aforesaid directions issued by the State Commission, the petitioner has approached this Commission by way of this appeal. 4. When this appeal came up for hearing on 30.9.2016, a limited notice restricted to award of compensation in terms of para 15 (iii) & (iv) of the order of the State Commission was issued. No one has appeared for the complainant/respondent despite service of the said notice. I have, therefore, heard the learned counsel for the appellant. 5. No evidence was led by the complainant/respondent to prove the actual loss suffered by her on account of the delay on the part of the appellant in offering possession of the flat allotted to her. In these circumstances considering the downward trend of interest rates in last 2-3 years award of compensation in the form of interest @ 12% while simultaneously directing delivery of possession of the flat, may not be justified. The order passed by the State Commission is, therefore, modified to the following extent:- (1) The appellant shall deliver possession of the flat allotted to the complainant, to her within four months from today after obtaining the requisite occupancy certificate. (2) The sale deed of the flat shall be executed in favour of the complainant within 2 months of delivery of its possession to her. The stamp duty and the registration charges shall be borne by the complainant. (3) The appellant shall pay compensation in the form of interest @ 9% p.a. on the amount paid to it by the complainant w.e.f. 19.12.2014 till the date on which the possession is delivered to the complainant in terms of this order. (4) The compensation shall be paid while offering possession to the complainant in terms of this order. (5) The appellant shall also pay a sum of Rs.25,000/- as cost of litigation to the complainant. (6) The amount, if any, already paid by the appellant to the complainant shall be adjusted while paying compensation to her in terms of this order. | 
