Aggrieved by the order dated 20.11.2009 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, he State Commission in S.C. Case No. FA/09/135 dismissing the complaint, the original complainants have filed the present petition. 2. We have heard the learned counsel for the petitioners-complainants and the learned counsel for the respondents and have given our thoughtful consideration to their respective submissions. 3. The facts which led to the fling of the complaint have been amply-noted in the orders of the fora below. For deciding the petition, we may notice that alleging deficiency in service on the part of the opposite parties-respondents that they failed to provide the time share membership in accordance with the agreement reached between the parties after receiving full consideration, the complainant sought refund of the money paid by him besides interest and compensation. The complaint was resisted by the opposite parties-respondents denying any deficiency on their part and tried to explain -3- that they have offered holidays at some other resorts as than Jim Corbett Resort which was not ready for occupation. The District Forum going by the unrebutted pleas of the petitioner-complainant and the material produced by the petitioner, allowed the complaint and directed the opposite parties-respondents to refund the deposited amount of Rs.1,23,000/- with interest @18% per annum from the date of payment till realization besides a sum of Rs.25,000/- as compensation with the stipulation that the amount shall be paid within one month, failing which the complainant will be at liberty to put the decree into execution. Aggrieved by the said order, the opposite parties-respondents filed appeal before the State Commission and succeeded simply on the plea that the complaint so filed before the District Forum itself was time barred having been filed after a delay of several years from the date of taking the time share holiday, overlooking the correspondence which was exchanged between the parties during the period from 1997 to 2007 and in particular in 2007 itself. Aggrieved by the said order, the complainants are in appeal before us. -4- 4. Having regard to the facts and circumstances of the case, which can be said to have been duly established on record, there is no escape from the conclusion that deficiency in service on the part of the respondent is writ large in as much as they failed to honour the terms and conditions of the agreement pursuant to which they have received the substantial amount with the assurance to the complainant that time share holiday shall be available to him. Their hopes were totally shattered in the first year itself after having paid a sum of Rs.1,23,000/- because the opposite parties-respondents were unable to provide the promised time share holiday. The finding of the State Commission that the complaint itself was time barred appear to be erroneous on the face of material brought on record, the letters dated 15.02.2007 & 19.02.2007 exchanged between the parties. Now the question is as to what amount of compensation, the complainant can legitimately claim in such a situation. In our view, besides the refund of the entire deposited amount, the complainant is entitled to a reasonable compensation, which we will award in the shape of interest on the deposited amount. The District Forum had awarded interest @18% but considering the bank rate of interest in -5- the relevant period, we are of the view that it would adequately meet the ends of justice if the opposite party is called upon to pay interest @15% per annum on the deposited amount from the respective dates(s) of deposit till its refund. However, we waive the further compensation of Rs.25,000/- as granted by the District Forum. 5. In the result, the petition is allowed and the impugned order passed by the State Commission is hereby set aside and the order of the District Forum shall stand modified in the above terms. The respondent is granted six weeks time to pay back the entire awarded amount to the petitioner alongwith interest @15% per annum, failing which, the rate of interest shall stand increased to 18% from the date of respective deposits till payment. The parties are left to bear their own costs throughout.