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Kiran Real Estates And Construction v/s R. Venugopal Rao & Other

    Revision Petition Nos. 912 to 915 of 2001

    Decided On, 25 July 2001

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE D.P. WADHWA
    By, PRESIDENT; B.K. TAIMNI
    By, J.K. MEHRA
    By, RAJYALAKSHMI RAO
    By, MEMBERS

    For the Petitioner: D. Vidyanandam, G. Sehsagiri Rao, Advocates. For the Respondents: V.L.N. Panthulu, Advocate.



Judgment Text

D.P. Wadhwa, President


This batch or Revision Petitions are filed by M/s. Kiran Real Estates & Construction, Opposite Party before the District Forum, who lost both in the District Forum as well as the State Commission. The appeal before the State Commission was dismissed as it was barred by 96 days. The State Commission held that there was no sufficient cause to condone the delay. It is not that the Petitioner was not aware of the order of the District Forum and that, in fact, the appeal was to be filed within the period of limitation. However, it is submitted by the learned Counsel that during all this period, he was trying to comply with the directions of the District Forum and could not file the appeal. That apart, we find that the Petitioner is a developer and agreed to provide plots to the Complainants. Amounts were paid by the Complainants. However, it was found that there was no layout plan approved by the authority. The District Forum, therefore, directed the Petitioner to obtain the sanction of the authority concerned (Vishakhapatnam Urban Development Authority) and to execute the sale deed within two months and in default, to refund to the Complainant amounts given by them with interest at the rate of 24% from the respective dates of payments instalments till the date of realisation. The amounts in all these complaints are little over Rs. 52,000/-. The District Forum further directed the Petitioner to pay Rs. 5,000/- towards compensation and further sum of Rs. 1,000/- towards costs. It was also ordered that if the compliance of the order was not made in two months, the Complainant would be entitled interest at the rate of 15% from the date of the order which is dated 6-7-2000 till the payment of the whole of the amount. We, however found that award of interest at the rate of 24% is excessive, particularly, when compensation of Rs. 5,000/- has also been awarded. Accordingly, in the facts and circumstances of the case, while maintaining the order of the District Forum, as affirmed by the State Commission we will modify it only to the extent that interest charged would be 18% p.a. and not 24% p.a. Thes

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e amounts shall be paid within four weeks from the date of receipt of a copy of this order. In case of default, the Respondent shall be entitled to execute the order forthwith. With these observations the Revision Petitions are disposed of.
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