State Consumer Disputes Redressal Commission
Ms. Karuna Singh vs M/S M-Tech Developers Ltd. on 2 July, 2015
Daily Order IN THE STATE COMMISSION DELHI Constituted under Section 9 of the Consumer Protection Act, 1986 First Appeal No. FA/507/2014 (Arisen out of Order Dated in Case No. of District State Commission) 1. MS. KARUNA SINGH FLAT No. A-203, SHRI RADHA KRISHNA APARTMENTS, PLOT No.23, SEC-7, DWARKA, NEW DELHI-110075. ...........Appellant(s) Versus 1. M/S M-TECH DEVELOPERS LTD. E-156, GREATER KAILASH-1, DELHI-110048. ...........Respondent(s) BEFORE: HON'BLE MRS. JUSTICE VEENA BIRBAL PRESIDENT HONABLE MRS. Salma Noor MEMBER For the Appellant: For the Respondent: ORDER
Present: Sh. S.H. Isfahani Counsel for the Appellant. Sh. Lalit Trakru, Counsel for the Respondent.
In this appeal, challenge has been made to order dated 4.3.2014 passed by the Consumer Disputes Redressal Forum wherein the Ld. District forum has directed the respondent/OP to refund to the appellant/complainant Rs.5,75,000/- with interest @9% per annum from the date of complaint i.e. 14.1.2013 till realization. Further a sum of Rs.5,000/- is awarded towards cost of litigation.
The grievance of appellant/complainant is that the District Forum ought to have awarded the interest to the appellant/complainant from the date of deposit.
On the other hand the stand of the respondent is that the order is correct and does not want any interference.
However, after some arguments Counsel for the respondent has stated that he has taken instructions from the respondent and the respondent has no objection in giving the interest to the appellant/complainant on the amount deposited @6% from the date of deposit.
Counsel for the appellant has stated that the appellant has no objection if the impugned order is modified as per statement made by the Counsel for the respondent.
In view of the above statements of Ld. Counsel for parties, the impugned order stands modified and the respondent/OP is directed to refund the amount of Rs.5,75,000/- with interest @6% per annum from the date of deposit till realization.
Counsel for the respondent has submitted that the litigation expenses be waived since the respondent is paying interest from the date of deposit. However, keeping in mind the facts and circumstances of the case, we find no justification in waiving the same.
Ld. Counsel for the respondent prays five months time for making the payments. However, we are granting three months time from today for making the payment .
Appeal stands disposed of accordingly.
The FDR deposited by the appellant/OP before this Commission be released to them after completion of due formalities.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum.
File be consigned to Record Room.
[HON'BLE MRS. JUSTICE VEENA BIRBAL] PRESIDENT [HONABLE MRS. Salma Noor] MEMBER