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TMI Blog2025 (3) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... 52 of 2022, whereby the Writ Petition came to be allowed, and order dated 27.07.2022 passed by the National Consumer Disputes Redressal Commission (herein after referred to as "NCDRC" in short) in Appeal No. 796 of 2019 came to be quashed, is being questioned. The parties are referred to as per their rank in the High Court. 3. The facts in brief leading to filing of this appeal are as under - The Respondents launched a Group Housing Project in year 2009. Pursuant to the same, the petitioner applied for a 3 BHK flat and deposited the requisite amount of Rs. 4,00,000/- on 23.09.2009 and by virtue of lottery drawn on 03.01.2010, petitioner was allotted a flat. In furtherance of the allotment, the petitioner had to pay the balance consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount paid by the complainant. It was further ordered that, in the event construction is not completed, the amount paid by the complainant should be refunded along with interest @ 15% p.a. from the date of respective payments till realization along with compensation of Rs. 10,00,000/- towards loss suffered by him; and Rs. 1,00,000/- towards physical and mental harassment along with Rs. 25,000/- towards litigation cost. 5. The respondents being aggrieved, preferred appeal before NCDRC which was partly allowed by order dated 27.07.2022 and respondents were directed to refund the entire amount deposited by the complainant with interest @ 9% p.a. against interest @ 15% as directed by SCDRC. The NCDRC also directed payment of Rs. 50,000/- as con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners that approximately 100 cases are coming against the petitioners, which may have adverse impact, if payments are allowed, under the impugned order. 2. It is also informed by Mr. Shyam Divan, learned senior counsel that the petitioners have already deposited the entire amount along with the interest at the rate of 15% per annum including Rs. 10 Lakhs. 3. Considering the aforesaid, issue notice, returnable in six weeks. 4. Further, we direct that in execution or otherwise, the respondent would be entitled to receive the amount under the order impugned along with the interest at the rate of 9% per annum and the remaining amount of interest and Rs.10 Lakhs, shall be detained in the account. The remaining amount shall be kept in sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the developer, hence interest @ 15% p.a. on account of inordinate delay is just and appropriate warranting no interference under Article 136 of the Constitution of India. Hence, he prayed for dismissal of the appeal. 14. Having heard the learned advocates appearing for the parties and on perusal of the case papers, we are of the considered view that the NCDRC having taken note of the relevant aspects including the factum of delay and the fact that petitioner had opted for refund of money deposited, rightly held that as a home buyer, petitioner cannot be compelled to take possession of the flat after such long time, and as such ordered for refund of entire amount deposited with interest of 9% p.a. Placing reliance on the law laid do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... booked an office premise for his use, directed the refund of the amount paid along with interest @ 12% p.a. from the date of complaint till the date of payment. However, the issue in the instant case relates to allotment of a 3 BHK flat after payment of sale consideration and delay in delivery of same. As such, the NCDRC considering the entirety of the facts and circumstances of the case, had awarded interest @ 9% p.a., which in our view was fair and reasonable. The interest @ 15% p.a. awarded by High Court is excessive. Therefore, the impugned order hereby is setaside and the order dated 27.07.2022 passed by NCDRC in so far as it relates to award of interest @ 9% on the respective deposit till the date of actual payment is restored. 15. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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