Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint U/S 12, 17 and 21 of C.P. Act, 1986 was initially filed against the Opposite Parties (O.P.s)- 1) Ultra Marine Trading PVT. Ltd., Corporate Registration No. (CIN)- U70109WB1993PTCO58361, Registration No.- 058361, Registered Office- Gopal Bhawan, 2^nd Floor, Church Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Code- 734001, 2) Mahendra Kumar Agarwal (Director), S/O Jatin Prasad Agarwal,  3) Rita Devi Sinhal (Director), W/O Sri Pawan Kumar Sinhal, 4) Ranjit Saha (Director), S/O Late Birendra Kumar Saha, 5) Pawan Kumar Agarwal (Director), S/O Shreeram Agarwa and, 6) Kalyan Kumar Agarwal (Director), S/O Shreeniwas Agarwal, Office- Gopal Bhawan, 2^nd Floor, Church Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Code- 734001 and Site Office- Sankalp Enclave, Estern Bye Pass Road, P.O.- Salugara, P.S.- Bhaktinagar, Dist.- Jalpaiguri- 734008 who contested the case by filing Written Version (W.V.).

   The brief fact of complaint and Written Notes of Argument (W.N.A.) filed by the complainant is as follows-

The O.P. No.1 was a Private Limited Company was registered on 30^th March, 1993 namely Ultra Marine Trading PVT. Ltd., Corporate Registration No. (CIN)- U70109WB1993PTCO58361, Registration No.- 058361, Registered Office- Gopal Bhawan, 2^nd Floor, Church Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Code- 734001 being the land developer, started construction of a building complex known as Sankalp Enclave, at Estern Bye Pass Road, P.O.- Salugara, P.S.- Bhaktinagar, Dist.- Jalpaiguri within the Ward No. 42 of Siliguri Municipal Corporation, in Plot No. 18 and 20, recorded in Khatian No.840/11 and 840/13 and 840/17 of Mouza- Dabgram, J.L. No.- 2, Sheet No.- 4, Pargana Baikunthapur, Dist.- Jalpaiguri. The complainant purchased a flat from the O.P.s measuring 1085 sq. ft. including open car parking area of the said proposed building fully described in the schedule under certain terms and conditions and a deed of agreement was done between the complainant and the O.P.s on 07.10.2011. The terms of transaction of the proposed flat measuring 1,085/- (Rupees One Thousand and Eighty Five) only at 4^th floor was Rs. 13, 39, 975/- (Rs. 1, 235/- @ sq. ft.) (Rupees Thirteen Lakhs Thirty Nine Thousand Nine Hundred and Seventy Five) only and Rs. 1, 30, 000/- (Rupees One Lakh Thirty Thousand) only for 100 sq. ft. open car parking area and DG Set of the building and the O.P.s received an amount of Rs. 2, 20, 000/- (Rupees Two Lakhs and Twenty Thousand) only as earnest money out of the sale consideration of Rs. 14, 69, 975/- (Rupees Fourteen Lakhs Sixty Nine Thousand Nine Hundred and Seventy Five) only at the time of execution of agreement, dated 07.10.2011. After execution of agreement, the complainant time by time made the total payment to the O.P.s and the final payment was done by him on 31.08.2013.

As per said agreement, the O.P.s were supposed to provide vitrified tiles for drawing and bedrooms but the complainants made request to the O.P.s to provide marble floor and for that purpose, as per demand of the O.P.s, he gave cash of Rs. 30, 000/- (Rupees Thirty Thousand) only to them but at the time of handing over the possession of the flat, i.e. on 08.10.201, the complainant found that the marble floor was unpolished. The complainant made several request to polish the floor but the O.P.s did not pay attention on it and lastly the complainant polished the entire floor and at the time of floor polish the complainant found that after taking the price of superior quality of marble, the O.P.s provided inferior quality of marbles.

After making final payment, the complainant made several request to the O.P.s to measure the flat and execute Registered Deed in favour of him but the O.P.s then demanded extra money for “Service Tax” and “Difference of Income Tax money” from the complainant but for that the complainant already paid Rs. 70, 025/- (Rs. Seventy Thousand and Twenty Five) only but the O.P.s refused to issue any receipt for the extra money to him and therefore he did not get any relief from the Income Tax Dept. After making several request on 08.06.2014 agreed to measure the said flat in presence of Head Mason, one of the Director of O.P. No.1 and one of complainant’s neighbour and found that the O.P.s handed over a flat of measuring 985 sq. ft. instead of 1085 sq. ft. to the complainant. The complainant himself also measured the same flat by appointing an engineer on 22.05.2015 and as per engineer’s report the total area of the flat was 986.65 sq. ft. The complainant requested your O.P.s to return the extra money for 100 sq. ft. but the O.P.s failed to do so and made a proposal to sale two servant quarters measuring 200 sq. ft. at ground floor and assured that the extra money for 100 sq. ft. would be adjusted at that but after that, the O.P.s adjusted only Rs. 1, 00, 000/- (Rupees One Lakh) only instead of Rs.  1,38,515/- (Rupees One Lakh Thirty Eight Thousand Five Hundred and Fifteen) only. Thereafter, after several request the O.P.s agreed to execute a Deed of Conveyance for two Servant Rooms/ Quarters measuring 200 sq. ft. at ground floor on 30.12.2014 and issued Possession Certificate on the same date and there the O.P.s mentioned as covered parking at ground floor of the B Block but after receiving the original Deed the complainant found that in the said Deed of Conveyance the O.P.s mentioned as two open space at Ground Floor of a P+4 Storied Building for which the complainant would suffer a lot.

As per the advertisement and agreement of the O.P.s, dated 07.10.2011 where they agreed to provide Lift in each Block, Air Conditioned Community Hall, Gym and Health Club, Swimming Pool and Power backup/ standby Generator for light in common area lift and pumps but finally they did not install the lift and for that the complainants could provide shelter to their old parents and kept them in another place. The complainant issued notice through their Ld. Lawyer on 17.07.2015 but the O.P.s intentionally avoided receiving the notice and it returned to the Ld. Lawyer on 20.07.2015. Finally, finding no other alternative the complainant lodged this complaint.

                    The prayer of the complainant is follows-

1. To pass an order directing the O.P.s to pay Rs. 1, 08, 515/- (Rupees One Lakh Eight Thousand Five Hundred and Fifteen) only along with interest  @ 12% per annum, calculated from the date when the complainants made to the O.P.s, till the date of payment.
2. To pass an order directing the O.P.s to pay Rs. 3,00,000/- (Rupees Three Lakhs) only which the complainants bound to purchase another 200 sq. ft. as Servant Quarter due to the mistake/ negligence of the O.P.s.
3. To pass an order directing the O.P.s to provide all amenities as soon as possible as per agreement dated 07.10.2011.
4. To pass an order directing the O.P.s to rectify the conveyance, vide Document No. 8488for the year of 2013 where the O.P.s negligently execute a deed of Conveyance of 1085 sq. ft. instead of 985 sq. ft. and in another Deed vide Document No. 9020 for the year of 2014 where the O.P.s negligently mentioned as two open parking areas instead of Servant Quarter, at their own cost.
5. To pass an order directing the O.P.s to pay Rs. 50,000/- (Rupees Fifty Thousand) only as compensation for the economical crises faced by the complainant due to illegal and force full demand made by the O.P.s to the complainant.
6. To pass an order directing the O.P.s to pay Rs. 50,000/- (Rupees Fifty Thousand) only as compensation for the mental torture and inconvenience harassment.
7. To pass an order directing the O.P.s to pay Rs. 5,000/- (Rupees Five Thousand) only of the case.
8. To pass such other order and relives as your Honour may deemed fit and proper.

List of documents filed by the complainants-

1. Photocopy of Agreement dated 07.10.2011.
2. Photocopy of Money Receipt dated 07.10.2011.
3. Photocopy of Money Receipt dated 12.10.2011 to 11.08.2013.
4. Photocopy of Registered Deed being No. 8488 dated 07.10.2013.
5. Photocopy of possession certificate dated 08.10.2013.
6. Photocopy of Measurement report dated 22.05.2015.
7. Photocopy of Registered Deed being No. 9020 dated 30.12.2014.
8. Photocopy of Possession Certificate dated 30.12.2014.
9. Photocopy of Legal Notice.
10. Photocopy of Postal Slip.
11. Photocopy of return envelops.    

The brief fact of the Written Version (W.V.) and Written Notes of Argument (W.N.A.) filed by the O.P.s is as follows-

The scheduled property is situated at Dabgram, within the jurisdiction of Jalpaiguri and this Ld. Commission has no jurisdiction to decide this case. The complainants themselves had admitted that consideration amount of the flat was fair and reasonable and for this they were interested to purchase the flat. In the complaint the complainant had not paid the consideration amount of the flat according to the terms of the alleged agreement and the details of the payment as mentioned by the complainant was not correct. It was false that at the time of delivery of possession of the flat to the complainants, the marble floor was unpolished condition and the complainant several times requested to polish the floor. The complainants did not polish the floor by their own cost and it was not true that after polish they found that the O.P.s had provided inferior quality of marble after taking the price of superior quality of marble because the marbles were provided in the flat as per choice and also at the cost of the complainants and so there was no question to provide inferior quality of marble in any way. The O.P.s had not demanded the extra money for “Service Tax” and “Difference of Income Tax” from the complainant. The complainants had paid the service tax @ 3.08% of the consideration amount and so there was no question for demanding of extra money on any account from the complainants.

The complainant got the registration of Deed of Conveyance by putting their signature in the year 2013 and thereafter only, they opted for getting measurement of their purchased properties and whenever the complainant asked the O.P.s for getting the measurement of the said residential flat, the O.P.s accordingly agreed and arranged for measurement of the said residential flat and when it was found that the actual measurement of the residential flat was less in comparison to the measurement as mentioned in the Deed of Conveyance, then the complainants proposed the O.P.s to sale some more parking space measuring about 200 sq. ft. to adjust their excess amount which they paid for their residential flat. Accordingly the complainants agreed to purchase the parking space measuring about 200 sq. ft. at ground floor from the O.P. No1 to adjust their said excess amount of Rs. 1,21,030/- (Rupees One Lakh Twenty One Thousand and Thirty) only which was also adjusted from and out of the consideration amount of the said parking space. It was not true that the O.P.s made the proposal to sale two servant quarters or that there was the extra amount of Rs. 1,38,515/- (Rupees One Lakh Thirty Eight Thousand Five Hundred and Fifteen) only or that the O.P.s adjusted only a sum of Rs. 1,00,000/- (Rupees One Lakh) only. The O.P.s sold the parking space to the complainants and the Deed of Conveyance was prepared by the Ld. Advocate of the complainants where there was no role of the O.P.s to mention two covered parking space.

In connection to the issue of proposed lift in each block, Air Conditioned Community Hall, Gym and Health Club, Swimming Pool, Power back up/ standby generator for light in common area, the O.P.s categorically stated in their W.V. that the lift and the community hall is functioning and the Health Club/ Gym, Power Back up/ Generator set work is also under progress and likely to be completed before Durga Puja festival and on mutual discussions with the flat occupants, it was agreed that the O.P.s would construct a temple instead of swimming pool and the construction work of the said temple is also under progress and likely to be completed and inaugurated in August, 2016.

As there was no negligence or deficiency in service on the part of the O.P.s, the question of sufferance by the complainants on any account did not arise at all. The complainants are not entitled to get any relief or any amount in any way.

Points for consideration

1. Whether the Complainants is a consumer?
2. Whether the case is maintainable under the C.P. Act ?
3. Whether there is any deficiency in service on the part of the Principal O.Ps. as alleged by the Complainants?
4. Is the Complainants are entitled to get any award and relief as prayed for as per the prayer of their Complaint?        

Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

It has found in the documents that one of the office address of the O.P.s was Gopal Bhawan, 2^nd Floor, Church Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Code- 734001 and thus this Commission has its territorial jurisdiction to decide this case.

The complainant agreed and booked a flat of Rs. Rs. 14, 69, 975/- (Rupees Fourteen Lakhs Sixty Nine Thousand Nine Hundred and Seventy Five) only on 07.10.2011 measuring 1085 square feet including super build-up area on the 4^th Floor as fully described in the schedule from the O.P.s and the terms of transaction of the proposed flat measuring 1,085/- (Rupees One Thousand and Eighty Five) only at 4^th floor was Rs. 13, 39, 975/- (Rs. 1, 235/- @ sq. ft.) (Rupees Thirteen Lakhs Thirty Nine Thousand Nine Hundred and Seventy Five) only and Rs. 1, 30, 000/- (Rupees One Lakh Thirty Thousand) only for 100 sq. ft. open car parking area and DG Set of the building and the O.P.s received an amount of Rs. 2, 20, 000/- (Rupees Two Lakhs and Twenty Thousand) only from the complainant as earnest money out of the sale consideration of Rs. 14, 69, 975/- (Rupees Fourteen Lakhs Sixty Nine Thousand Nine Hundred and Seventy Five) only at the time of execution of agreement, dated 07.10.2011 and there by this Commission holds that as per the C.P. Act 1986 and C.P. Act 2019 the complainant is a very much consumer in this case.  

In order to prove the case the complainant himself adduced evidence by filing documents and evidences.

In the Written complaint as well as in the evidence the complainant has specifically corroborated that the O.P. No.1 was a Private Limited Company was registered on 30^th March, 1993 namely Ultra Marine Trading PVT. Ltd., Corporate Registration No. (CIN)- U70109WB1993PTCO58361, Registration No.- 058361, Registered Office- Gopal Bhawan, 2^nd Floor, Church Road, P.O. & P.S.- Siliguri, Dist.- Darjeeling, Pin Code- 734001 being the land developer, started construction of a building complex known as Sankalp Enclave, at Estern Bye Pass Road, P.O.- Salugara, P.S.- Bhaktinagar, Dist.- Jalpaiguri within the Ward No. 42 of Siliguri Municipal Corporation, in Plot No. 18 and 20, recorded in Khatian No.840/11 and 840/13 and 840/17 of Mouza- Dabgram, J.L. No.- 2, Sheet No.- 4, Pargana Baikunthapur, Dist.- Jalpaiguri. The complainant purchased a flat from the O.P.s measuring 1085 sq. ft. including open car parking area of the said proposed building fully described in the schedule under certain terms and conditions and a deed of agreement was done between the complainant and the O.P.s on 07.10.2011. The terms of transaction of the proposed flat measuring 1,085/- (Rupees One Thousand and Eighty Five) only at 4^th floor was Rs. 13, 39, 975/- (Rs. 1, 235/- @ sq. ft.) (Rupees Thirteen Lakhs Thirty Nine Thousand Nine Hundred and Seventy Five) only and Rs. 1, 30, 000/- (Rupees One Lakh Thirty Thousand) only for 100 sq. ft. open car parking area and DG Set of the building and the O.P.s received an amount of Rs. 2, 20, 000/- (Rupees Two Lakhs and Twenty Thousand) only as earnest money out of the sale consideration of Rs. 14, 69, 975/- (Rupees Fourteen Lakhs Sixty Nine Thousand Nine Hundred and Seventy Five) only at the time of execution of agreement, dated 07.10.2011. After execution of agreement, the complainant time by time made the total payment to the O.P.s and the final payment was done by him on 31.08.2013.

As per said agreement, the O.P.s were supposed to provide vitrified tiles for drawing and bedrooms but the complainants made request to the O.P.s to provide marble floor and for that purpose, as per demand of the O.P.s, he gave cash of Rs. 30, 000/- (Rupees Thirty Thousand) only to them but at the time of handing over the possession of the flat, i.e. on 08.10.201, the complainant found that the marble floor was unpolished. The complainant made several request to polish the floor but the O.P.s did not pay attention on it and lastly the complainant polished the entire floor and at the time of floor polish the complainant found that after taking the price of superior quality of marble, the O.P.s provided inferior quality of marbles.

After making final payment, the complainant made several request to the O.P.s to measure the flat and execute Registered Deed in favour of him but the O.P.s then demanded extra money for “Service Tax” and “Difference of Income Tax money” from the complainant but for that the complainant already paid Rs. 70, 025/- (Rs. Seventy Thousand and Twenty Five) only but the O.P.s refused to issue any receipt for the extra money to him and therefore he did not get any relief from the Income Tax Dept. After making several request on 08.06.2014 agreed to measure the said flat in presence of Head Mason, one of the Director of O.P. No.1 and one of complainant’s neighbour and found that the O.P.s handed over a flat of measuring 985 sq. ft. instead of 1085 sq. ft. to the complainant. The complainant himself also measured the same flat by appointing an engineer on 22.05.2015 and as per engineer’s report the total area of the flat was 986.65 sq. ft. The complainant requested your O.P.s to return the extra money for 100 sq. ft. but the O.P.s failed to do so and made a proposal to sale two servant quarters measuring 200 sq. ft. at ground floor and assured that the extra money for 100 sq. ft. would be adjusted at that but after that, the O.P.s adjusted only Rs. 1, 00, 000/- (Rupees One Lakh) only instead of Rs.  1,38,515/- (Rupees One Lakh Thirty Eight Thousand Five Hundred and Fifteen) only. Thereafter, after several request the O.P.s agreed to execute a Deed of Conveyance for two Servant Rooms/ Quarters measuring 200 sq. ft. at ground floor on 30.12.2014 and issued Possession Certificate on the same date and there the O.P.s mentioned as covered parking at ground floor of the B Block but after receiving the original Deed the complainant found that in the said Deed of Conveyance the O.P.s mentioned as two open space at Ground Floor of a P+4 Storied Building for which the complainant would suffer a lot.

As per the advertisement and agreement of the O.P.s, dated 07.10.2011 where they agreed to provide Lift in each Block, Air Conditioned Community Hall, Gym and Health Club, Swimming Pool and Power backup/ standby Generator for light in common area lift and pumps but finally they did not install the lift and for that the complainants could provide shelter to their old parents and kept them in another place. The complainant issued notice through their Ld. Lawyer on 17.07.2015 but the O.P.s intentionally avoided receiving the notice and it returned to the Ld. Lawyer on 20.07.2015. Finally, finding no other alternative the complainant lodged this complaint. By filing the evidence and also by filing W.N.A. the complainant praying for necessary order in this regard.

To falsify the case of the complainant the O.P.s submitted that the scheduled property is situated at Dabgram, within the jurisdiction of Jalpaiguri and this Ld. Commission has no jurisdiction to decide this case. The complainants themselves had admitted that consideration amount of the flat was fair and reasonable and for this they were interested to purchase the flat. In the complaint the complainant had not paid the consideration amount of the flat according to the terms of the alleged agreement and the details of the payment as mentioned by the complainant was not correct. It was false that at the time of delivery of possession of the flat to the complainants, the marble floor was unpolished condition and the complainant several times requested to polish the floor. The complainants did not polish the floor by their own cost and it was not true that after polish they found that the O.P.s had provided inferior quality of marble after taking the price of superior quality of marble because the marbles were provided in the flat as per choice and also at the cost of the complainants and so there was no question to provide inferior quality of marble in any way. The O.P.s had not demanded the extra money for “Service Tax” and “Difference of Income Tax” from the complainant. The complainants had paid the service tax @ 3.08% of the consideration amount and so there was no question for demanding of extra money on any account from the complainants.

The complainant got the registration of Deed of Conveyance by putting their signature in the year 2013 and thereafter only, they opted for getting measurement of their purchased properties and whenever the complainant asked the O.P.s for getting the measurement of the said residential flat, the O.P.s accordingly agreed and arranged for measurement of the said residential flat and when it was found that the actual measurement of the residential flat was less in comparison to the measurement as mentioned in the Deed of Conveyance, then the complainants proposed the O.P.s to sale some more parking space measuring about 200 sq. ft. to adjust their excess amount which they paid for their residential flat. Accordingly the complainants agreed to purchase the parking space measuring about 200 sq. ft. at ground floor from the O.P. No1 to adjust their said excess amount of Rs. 1,21,030/- (Rupees One Lakh Twenty One Thousand and Thirty) only which was also adjusted from and out of the consideration amount of the said parking space. It was not true that the O.P.s made the proposal to sale two servant quarters or that there was the extra amount of Rs. 1,38,515/- (Rupees One Lakh Thirty Eight Thousand Five Hundred and Fifteen) only or that the O.P.s adjusted only a sum of Rs. 1,00,000/- (Rupees One Lakh) only. The O.P.s sold the parking space to the complainants and the Deed of Conveyance was prepared by the Ld. Advocate of the complainants where there was no role of the O.P.s to mention two covered parking space.

In connection to the issue of proposed lift in each block, Air Conditioned Community Hall, Gym and Health Club, Swimming Pool, Power back up/ standby generator for light in common area, the O.P.s categorically stated in their W.V. that the lift and the community hall is functioning and the Health Club/ Gym, Power Back up/ Generator set work is also under progress and likely to be completed before Durga Puja festival and on mutual discussions with the flat occupants, it was agreed that the O.P.s would construct a temple instead of swimming pool and the construction work of the said temple is also under progress and likely to be completed and inaugurated in August, 2016.

As there was no negligence or deficiency in service on the part of the O.P.s, the question of sufferance by the complainants on any account did not arise at all. The complainants are not entitled to get any relief or any amount in any way.

At the time of argument Ld. advocate of the complainant submitted that the complainant has be able to prove the case against the O.P.s not only through their evidence in chief but also by producing several documents including the deed of agreement for sale as well as money receipts.

Having heard the Ld. Advocate of both side and on perusal of the entire record it is admitted fact that one deed of agreement for sale of flat was executed by and between the complainant and O.P.s. It is also admitted fact that as per agreement the complainant had already paid the full consideration amount of the flat measuring 1086 sq. ft. (including super built up) at 4^th Floor in the said construction, i.e., Sankalp Enclave, along with one open car parking space with undivided impartible proportionate share upon the land described in the first schedule including a garage at ground floor of the said construction.

From the evidence of the complainant it is very much proved that O.P.s have failed to provide the flat measuring 1086 sq. ft. (including super built up) at 4^th Floor in the said construction but the O.P.s handed over a flat of measuring 985 sq. ft. instead of 1085 sq. ft. to the complainant. Hence, it is fact that the complainant paid an extra amount of Rs. 1,08,515/- (Rupees One Lakh Eight Thousand Five Hundred and Fifteen) only to the O.P.s. As per agreement, this conduct of the O.P.s towards the complainant was totally illegal and mala fide in nature for which the complainant suffered both mental and financial loss. From the evidence of the complainant it is also proved/admitted that the O.P.s failed to solve this issue for which the complainant suffered a lot.

It is needless to mention here that till today the O.P.s did not take any positive steps from their end to adjust the extra space amount in favour of the complainant which is nothing but the deficiency in service as well as unfair trade practice on the side of the O.P.s towards the complainant.

It is fact that about 08 (eight) years have expired after paying the full consideration amount by the complainant to the O.P.s but till today the complainant has deprived of his own just due and there is no hope that the complainant will get back his rightful rights.

Regarding the marble floor issue, raised by the complainant, this Commission does not agree with him as because there was a lack of evidence of cash payment of Rs. 30,000/- (Rupees Thirty Thousand) only for paying the cost of marble to the O.P.s by the complainant.

In view of the above, this Commission has no doubt to hold that there was a gross negligence and deficiency in service in the part of the O.P.s.

In this instant case, the complainant is entitled to get the extra amount of Rs. 1,08,515/- (Rupees One Lakh Eight Thousand Five Hundred and Fifteen) only from the O.P.s. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for mental pain, agony and harassment and Rs. 10,000/- (Rupees Ten Thousand) only for litigation cost. The O.P.s are also directed to deposit Rs. 5, 000/- (Rupees Five Thousand) only in the Legal Aid Account of this Commission.

Hence, it is,  

O r d e r e d,

That the instant Consumer Case being no. 83/2015 is allowed on contest against the O.P.s (Ultra Marine Trading PVT. Ltd. and their all Directors). The O.P.s are jointly and severally liable to pay the awarded amount.

The complainant do get an award of Rs. Rs. 1,08,515/- (Rupees One Lakh Eight Thousand Five Hundred and Fifteen) only from the O.P.s. The complainant also entitled to get Rs. 20, 000/- (Rupees Twenty Thousand) only for mental pain, agony and harassment and Rs. 10, 000/- (Rupees Ten Thousand) only for litigation cost from the O.P. No.1. The total payable amount is Rs. 1, 38, 515 /- (Rupees One Lakh Thirty Eight Thousand Five Hundred and Fifteen) only and this amount will be paid to the complainant by the O.P.s within 45 days (Forty Five days) from the date of this order, i.e., from 04.07.2024 by an account payee cheque failing which the complainant will be entitled to get a simple interest of 7 % per annum from the date of filing of this case, i.e. from 12.08.2015 till the realization of total amount. The O.P.s are also directed to deposit Rs. 5, 000/- (Rupees Five Thousand) only in the Legal Aid Account of this Commission within 45 days (Forty Five days) from the date of this order.  

Let a copy of this final order be given to the parties free of cost.