J.P. Dwellings Pvt. Ltd. vs P.K. Raikwar

THIS revision petition has been filed by the Petitioner/OP against the order dated 11.4.2008 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, ''the State Commission '') in Appeal No. 961/2006 - P.K. Raikwar Vs. J.P. Dwellings Pvt. Ltd. by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

BRIEF facts of the case are that complainant/respondent entered into an agreement with OP/petitioner for purchase of a duplex Bungalow and paid Rs.25,000/- on 17.11.2003 and Rs.3,00,000/- on 20.12.2003 and rest of the amount of Rs.3,75,000/- was to be paid later on. As OP neither completed the construction, nor returned money, alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that after completion of structure, OP contacted complainant, but he did not show any interest in taking possession and denying any deficiency in service, prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint and further opined that if the complainant wants to get his money back with interest then District Forum has no jurisdiction for grant of such relief. Respondent filed appeal before State Commission and learned State Commission vide impugned order allowed appeal and directed petitioner to refund Rs.3,25,000/- along with 9% p.a. interest from the date of complaint till payment against which, this revision petition has been filed. Neither petitioner nor his Counsel appeared even after service. Heard learned Counsel for the respondent and perused record.

ORDER sheet dated 4.7.2008 of this Commission reveals that revision petition was admitted only to the extent of award of interest. It further revealed that Counsel for the petitioner apprised that amount of Rs.3,25,000/- will be remitted to respondent by bank draft within 4 weeks and learned Counsel for the respondent admitted that this amount has been received by respondent on 23.12.2008. Now, the short question to be decided in this case is whether; award of 9% p.a. interest from the date of filing complaint i.e. 7.6.2005 till realization is proper or not.

PERUSAL of record clearly reveals that respondent deposited Rs.25,000/- on 17.11.2003 and Rs.3,00,000/- on 20.12.2003 and learned State Commission has allowed 9% p.a. interest on this amount from 7.6.2005 i.e. from the date of filing complaint. Thus, it becomes clear that learned State Commission has not even allowed interest from the date of making payment and already complainant/respondent has suffered loss of interest from the date of making payment till date of filing of complaint. Learned State Commission has allowed interest only @ 9% p.a., which cannot be said to be excessive and in such circumstances; impugned order does not call for any interference, as we do not find any illegality, irregularity or jurisdictional error in the impugned order. Consequently, revision petition filed by the petitioner is dismissed with no order as to costs.