As per office report, Counsel for the non-applicant/complainant has already received a Banker’s cheque
bearing No.749591 dated 05.08.2022 for an amount of Rs.7,07,861/- in favour of the non-
applicant/complainant and balance amount of Rs.1,60,449/- is lying deposited with this commission in the
shape of Fixed Deposit Receipt.
It is the contention of the Ld. Counsel for the complainant that though the complainant has
already received the aforesaid amount of Rs.7,07,861/- yet he is entitled for interest thereupon, which had
accrued in Fixed Deposit Receipt. It is also the contention of the Ld. Counsel for the complainant that the
opposite parties have deduced TDS @10% from the amount of assured return as indicated in Annexure A-5
and they be directed to issue TDS Certificate to that effect.
On the other hand, Ld. Counsel for the opposite parties, while rebutting the aforesaid
contention, has submitted that the amount has been released in favour of the complainant purely in terms of
order of Hon’ble National Consumer Disputes Redressal Commission, New Delhi and interest should go to
the opposite parties.
We have heard the Ld. Counsel for the parties and have gone through the material available
on record.
There is no dispute with regard to receipt of amount of Rs.7,07,861/- by the complainant,
which was ordered to be released by this Commission vide order dated 29.07.2022 in terms of orders dated
20.04.2022 and 15.07.2022 passed by Hon’ble National Consumer Disputes Redressal Commission, New
Delhi in FA/368/2020 & MA/214/2022.
The only issue to be decided is as to whether the complainant is entitled to any interest on the
amount already released in his favour.
Perusal of order dated 20.04.2022 of Hon’ble National Consumer Disputes Redressal
Commission, New Delhi shows that there are three components of relief awarded, firstly the assured return
@Rs.45,587/- p.m. from 1.2.2017 to 22.09.2017, secondly, the delayed compensation @8% from the
proposed date of possession till offer of possession i.e. 23.09.2017 and thirdly, Rs.50,000/- towards cost of
litigation. It is worth mentioning here that the clerical mistake with regard to the proposed date of
possession, which had crept in order dated 20.04.2022 was subsequently corrected by Hon’ble National
Consumer Disputes Redressal Commission, New Delhi vide order dated 15.07.2022, reading the same as
13.04.2016 instead of 13.04.2017. Accordingly, the Opposite Parties deposited the decretal amount with this
Commission which included the part of Assured Return also, which amount already stood released in favour
of the complainant. Therefore, in our considered view, since the assured return was ordered to be paid for a
specific period, without any interest thereupon, therefore, the complainant cannot claim any relief beyond
the decree passed and as such, he is not entitled for any interest on the said amount of assured return.
Accordingly, the Opposite Parties are entitled for the release of the amount lying deposited
with this Commission in Fixed Deposit Receipt. Hence, it is ordered that the amount of Rs.1,60,449/-
alongwith accrued interest in Fixed Deposit Receipt be released in favour of the applicants/Opposite Parties
i.e. Omaxe Chandigarh Extn. Developers Pvt. Ltd. against proper receipt and identification.
Since the opposite parties have deduced TDS @10% from the amount of assured return, as is
apparent from Annexure A-5, therefore, they are directed to issue TDS certificate to that effect to the
complainant forthwith.
This application stands disposed of accordingly.
Certified copies of this order be sent to the parties, free of charge.
Copy of order be also sent to the parties/Counsel through email/whatsapp.