ANSAL HOUSING & CONSTRUCTION LTD Vs. M TRIPAT BAWA
LAWS(DELCDRC)-2009-2-11
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 23,2009

ANSAL HOUSING AND CONSTRUCTION LTD Appellant
VERSUS
M Tripat Bawa Respondents


Referred Judgements :-

GHAZIABAD DEVELOPMENT AUTHORITY VS. BALBIR SINGH [REFERRED TO]


JUDGEMENT

- (1.)ON having denied the possession for almost 10 long years and execution of necessary documents, in respect of a flat purchased by the respondent from the appellant, the appellant has been vide impugned order dated 2.5.2008 directed to pay Rs.3,00,000 besides Rs. 10,000 as cost of litigation, besides following directions:
A. OP will complete and execute all the necessary documents and all formalities for handing over the said flat to the complainant and is further directed to handover the possession of the flat No.701, Vikas Deep, Laxmi Nagar, Delhi to the complainant without any further delay, if not already done. OP is not entitled to claim any other charges, interest or surcharge if any.

(2.)FEELING aggrieved the appellant has referred this appeal.
(3.)ALLEGATIONS of the respondent leading to the impugned order in brief were that respondent purchased flat No.701, Vikas Deep, Laxmi Nagar, Delhi from the appellant, a housing and construction company. The said flat was originally allotted on 13.5.1994 to one M/s. Sanjay Tubes Pvt. Ltd. and was transferred to the respondent vide letter dated 31.1.1998. In consideration of the said flat the appellant has already received a. sum of Rs.10,54,064 by 31.1.1998 out of total sale consideration of -Rs. 11,09,600. In addition a sum of Rs. 47,968.50 towards balance basic cost and stamped duty charges were received by the appellant on 3.9.1998, Rs.11,091.50 were paid by the respondent towards basic cost, fire fitting charges, electricity connection at the time of handing over possession. At the time of receiving the amount of Rs.47,968.50 the appellant had assured the respondent that the possession of the said flat would be handed over to the respondent by April,1998. However, the appellant offered the possession on 6.6.2001 after repeated request of the respondent. The appellant raised further arbitrary demands. The respondent sought compensation for delay in handing over possession and sought restraint order against the arbitrary demands. The respondent sought direction to the appellant to complete and execute all the necessary documents and all formalities for handing over the said flat to the respondent and a further direction to handover the possession without further delay.
At the outset it may be stated that all the formalities have been completed and possession has been handed over to the respondent but appellant has sought setting aside of the compensation.



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