National Consumer Disputes Redressal
Sahara Prime City Limited & 2 Ors. vs Beena Mathur on 28 January, 2020
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 530 OF 2019 (Against the Order dated 25/10/2018 in Complaint No. 83/2017 of the State Commission Rajasthan) 1. SAHARA PRIME CITY LIMITED & 2 ORS. THROUGH REGIONAL MANAGER/DIRETOR, OPP. RADHA SWAMI SATSANG VYAS GAON BILWA TANK ROAD JAIPUR 2. SAHARA PRIME CITY LTD THROUGH MANAGER/DIRECTOR/CHIEF EXECUTIVE OFFIER, SAHARA INDIA CENTRE 2 KAPOORTHALA COMPLEX, ALIGANJ LUCKNOW UTTAR PRADESH 226024 3. SAHARA PRIME CITY LTD THROUGH BRANCH MANAGER, IN FRONT OF BUS STAND . PADAMPURA RAJASTHAN ...........Appellant(s) Versus 1. BEENA MATHUR W/O. K.D. MATHUR, 5/229, HIG ARAVALI VIHAR , MAIN JAIPUR ROAD ALWAR RAJASTHAN ...........Respondent(s)
BEFORE: HON'BLE MR. PREM NARAIN,PRESIDING MEMBER HON'BLE MR. C. VISWANATH,MEMBER For the Appellant : Mr Mizan Siddiqui, Proxy Counsel for Ms Neha Gupta, Advocate For the Respondent : Mr Ashwani Bhardwaj, Advocate along With Smt Beena Mathur - IN PERSON Dated : 28 Jan 2020 ORDER This first appeal has been filed against the judgment dated 25.10.2018 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur ('the State Commission') in Complaint Case no. 83 of 2017.
2. The State Commission has allowed refund of Rs.23,25,012/- amount paid by the complainant along with 15% per annum interest. This appeal has been filed mainly for reduction of interest rate as the appellant has already paid the principal amount to the complainant.
3. Proxy counsel Mr Mizan Siddiqui appearing on behalf of the arguing counsel for the appellant states that the arguing Counsel Ms Neha Gupta is busy in the Hon'ble Supreme Court.
4. Learned counsel for the respondent has been heard and perused the file. The State Commission has awarded 15% per annum interest on the amount of refund. Learned counsel for the respondent states that the appellant has been charging 15% per annum interest on the delayed instalments and therefore, on the basis of parity, the State Commission has allowed 15% per annum interest. He further states that in a similar case this Commission has granted 10% per annum interest in the case of Sahara Prime City Limited and Anr. Vs Mahesh Darshan Kalra which is apparent from the order passed by this Commission.
5. We have carefully considered the arguments advanced by the learned counsel for the respondent and have gone through the record. Firstly, it is seen that there is a delay of 111 days in filing the present appeal. The delay is condoned on the grounds mentioned in the application for condonation of delay at a cost of Rs.15,000/- to be paid to the complainant.
6. With respect to interest part, it is seen that the Hon'ble Supreme Court in the case of Kolkata West International City Pvt. Ltd., vs Devasis Rudra - Civil Appeal no.3182 of 2019 - 2019 SCC online SC 438 decided on 25.03.2019, has reduced the rate of interest from 12% per annum granted by this Commission on the amount of refund to 9% per annum. However, in the present case, as the appellant has agreed to pay 10% per annum interest in similar case of refund, we consider it appropriate to allow 10% per annum interest on the amount of refund. Accordingly, the order of the State Commission is modified to the extent that the amount will be refunded along with 10% per annum interest rather than 15% per annum interest granted by the State Commission. Rest of the order of the State Commission shall remain unchanged. Accordingly FA no. 530 of 2019 is disposed of. The appellant shall also pay Rs.15,000/- to the complainant for condonation of delay in filing the appeal.
7. This order be complied within 45 days from the receipt of this order.
...................... PREM NARAIN PRESIDING MEMBER ...................... C. VISWANATH MEMBER