Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocates for appellant and respondent no. 1 are present.
A/578/2018 is running ex parte against the rest.
The appellant challenged the order no. 20 dt. 14.05.2018 in CC/429/2016 passed by Ld. DCDRC, Kolkata, Unit-I allowing the CC/429/2016.
It appears from the impugned order “that the CC/429/2016 is allowed on contest against the OP nos. 1 and 2 with cost and allowed ex parte against the other OPs without cost. The OPs are jointly and/or severally directed to handover the possession as well as to execute and register the deed of conveyance in respect of the flat in question in favour of the complainant after payment of the balance consideration amount by the complainant to the developer and the OP nos. 1 and 2 are jointly and/or severally directed to pay to the complainant compensation of Rs. 50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs. 10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order i.d. at interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realisation.”
The Ld. Advocate for the appellant submitted that the flat in question was forcibly taken by 3rd party. So, he is not in a position to handover the flat in question to the respondent.
The Ld. Advocate for the appellant also submitted that in terms of order no. 5 dt. 09.01.2019 the appellant deposited Rs. 6,50,000/- to this Commission. It is also admitted fact that prior to institution of the complaint case the complainant paid Rs. 6,50,000/- to the OP no. 1. So, according to the appellant, the complainant is entitled to get interest for 3 years only from 2015, the date of payment of part consideration money and date of payment of the same before this Commission in connection with the appeal to 2018.
So, we are of the view that the appellant should be directed to pay Rs. 6,50,000/- along with compensation of Rs. 50,000/- and Rs. 10,000/- litigation cost.
In view of submission made by both parties, the case should allow on the basis of settlement.
Hence, it is ordered
The Appeal being no. A/578/2018 is allowed in part in terms of settlement. Accordingly, CC/429/2016 is allowed against OP nos. 1and 2 and ex parte against other OPs.
Consequently, Appellant / OP no. 1 is directed to pay Rs. 6,50,000/- along with an interest @ 12% p.a. from 29.04.2015 till 28.03.2019 within 60 days from this order.
Complainant / respondent is at liberty to withdraw the said amount from the Registrar of this Commission.
Appellant / Opposite Party no. 1 is at liberty to collect the amount of Rs. 25,000/- deposited by him in connection with preferring this appeal.
The Registrar of this Commission is directed to do the needful in this regard.
If the aforesaid interest is not paid by the appellant within the stipulated period, it shall carry interest on the same rate till the realisation of the aforesaid interest.
Let the copy of this order be sent to the Ld. DCDRC, Kolkata, Unit-I.
The Joint Registrar of this Commission is directed to do the needful in this regard.
