Bindu Promoters And Developers vs Rekha S. Shiyal

THIS revision petition has been filed by the Petitioners/Opposite parties against the impugned order dated 29.2.2008 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, ''the State Commission '') in Appeal No. 2341 of 2007 - Mrs. Rekha S. Shiyal Vs. M/s. Bindu Promoters & Developers by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

BRIEF facts of the case are that complainant/respondent paid a sum of Rs.16,65,900/- to OP/petitioner for purchase of a flat. As per agreement, Rs. 17,49,825/- was to be paid by the complainant to OP. OP asked complainant to get the sale deed registered and pay balance amount, but as the complainant wanted to resell the flat to somebody else; so, he was not in a position to get the sale deed registered. In such circumstances, OP terminated the contact unilaterally and refunded the amount paid by the complainant, which was accepted by the complainant, under protest. Complainant filed complaint before the District Forum alleging deficiency on the part of OP and learned District Forum after hearing both the parties, dismissed complaint, as money had already been refunded. Appeal filed by the complainant was allowed by the State Commission vide impugned order and OP was directed to pay interest @ 12% p.a. on the amount refunded, from 30.6.2006 last date of payment, till refund of money against which, this revision petition has been filed. Heard learned Counsel for the parties and perused record.

LEARNED Counsel for the petitioner submitted that as per impugned order, learned State Commission directed petitioner to pay interest from the last date of payment till realization, but as submitted by complainant, last date of payment was shown as 30.6.2006, whereas last date of payment was 3.4.2007; hence, revision petition be allowed and petitioner be directed to pay interest from 4.4.2007 instead of 30.6.2006. On the other hand, learned Counsel for the respondent submitted that as per respondent ''s affidavit, last date of payment is 30.6.2006 and in such circumstances, order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

NO doubt, respondent/complainant in paragraph 6 of his affidavit of evidence has shown payment starting from 11.4.2005 and shown last payment on 30.6.2006, but respondent has not given any cheque number regarding payment shown in paragraph 6. On the other hand, petitioner submitted Annexure P-9 depicting all payments made by respondent by cheques starting from 6.4.2005 to 3.4.2007, last payment of Rs.15,900/- by cheque dated 3.4.2007. Perusal of statement of payment shown by the complainant does not tally with the statement given by OP, but total figure of payment is the same. As the payment has been received by OP by cheque issued by the complainant of Amanath Co-op. Bank Ltd., it would be appropriate to accept Annexure P-9 submitted by OP and in such circumstances, it can be held that complainant made last payment by cheque on 3.4.2007 and learned State Commission has wrongly mentioned last date of payment as 30.6.2006 and to this extent, the impugned order is liable to be modified. Consequently, revision petition filed by the petitioner against the respondent is partly allowed and petitioner is directed to pay interest @ 12% p.a. on Rs.16,65,900/- from 4.4.2007 instead of 30.6.2006, till date of refund of the money to the Complainant. Parties to bear their own costs.