At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. C. VISWANATH
By, PRESIDING MEMBER
For the Appearing Parties: Neha Gupta, Isar Husain, Advocates.
Learned Counsel appearing on behalf of the Respondent/ Caveator states that there is a delay of 361 days in filing the appeal. The Hon'ble Supreme Court in Suo Moto Writ Petition(C) no.3 of 2020 on 23.03.2020 has passed the following order:"To obviate such difficulties and to ensure that lawyers/ litigants do not have to come physically to file such proceedings in respective courts/ tribunals across the country including this court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended with effect from 15.03.2020 till further order/s to be passed by this court in present proceedings.We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Court/s Tribunals and authorities.This order may be brought to the notice of all High Courts for being communicated to all subordinates Courts/ Tribunals within their respective jurisdiction".2. In view of the observation made by the Apex Court, the delay is condoned.3. The present Appeal has been filed against the order dated 14.01.2020 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow ('the State Commission') in Complaint no. 30 of 2018, whereby the State Commission directed the Appellants/ Opposite Parties to return the deposited amount of Rs.45,03,062/- to the Complainant within a period of three month with interest at the rate of 10% per annum from the date of deposit till the date of payment. In the event of failure to pay the amount within three months, the Appellants/ Opposite Parties were to pay interest at the rate of 18% per annum from the date of deposit till date of payment.4. Learned Counsel for the Appellants states that she is limiting her appeal only to reducing the rate of interest awarded by the State Commission to 9% per annum and they are ready to make the payment.5. Learned counsel for the Respondent after some arguments stated that he has no objection to the proposal made by the Learned Counsel for the Appellant.6. A consent order is therefore, passed modifying the order of the State Commission as follows:"On the basis of above conclusion the Complaint of Complainant is partly accepted and Opposite Party is directed that it, on presenting no objection by joint allottee Shri Shrivanshu Sharma and Smt Aradhana Sharma, shall
Please Login To View The Full Judgment!
return deposited amount of Complainant Rs.45,03,062/- with interest at the rate of 9% per annum from the date of deposit till the date of payment.The Opposite Party shall also pay Rs.10,000/- to Complainant as litigation cost."7. The order be complied within a period of 30 days.