SANJILA BANSAL Vs. OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED
LAWS(NCD)-2020-1-21
NCDRC
Decided on January 06,2020

Sanjila Bansal Appellant
VERSUS
Omaxe Chandigarh Extension Developers Private Limited Respondents




JUDGEMENT

V.K.JAIN,J. - (1.) The Complainant who is Appellant in First Appeal No.2153/2018 booked a resident apartment with M/s. Omex Chandigarh Extension Developers Pvt. Ltd. which is Respondent in First Appeal No.2153/2018, and Appellant in First Appeal No.2221/2018. The booking was made on 02.12.2011 by making an initial payment of Rs. Eight lakh. An allotment letter was then issued to the Complainant on 23.11.2012. One of terms of the allotment was minimum payment of 30 % of the basis sale price. The basic sale price of the apartment about Rs.38 lakh. The Complainant paid a sum of Rs.4,53,820/- on 11.11.2014. Thus, 30 % of the basic sale price came to be paid only on that date. As per the terms of the allotment letter issued to the Complainant on 12.11.2014, the possession was to be delivered within a period of 15 months from its execution which could be extended by another six months. Thus, the possession could be delivered by 12.08.2016. The possession of the allotted flat was offered to the Complainant vide letter dated 09.03.2017. The possession was offered in respect of the apartment on the upper ground floor of the building though the allotment made to the Complainant was for an apartment on the ground floor of the building. The Complainant then approached the concerned State Commission by way of Consumer Complaint seeking possession of the flat complete in all respect with compensation.
(2.) The complaint was resisted by the builder, which admitted the allotment made to the Complainant as well as the payment received from her. It was, inter alia, stated in the written version filed by the builder that the Complainant had been in defaulter in making payment but the possession was offered to her despite the default committed by her. It was submitted that the Complainant had failed to come forward to take possession by making payment of the balance amount due from her.
(3.) The possession of the flat was delivered to the Complainant during pendency of the Consumer Complaint. The State Commission vide impugned order dated 17.10.2018 directed as under: 20. For the reasons recorded above, all the three consumer complaints are partly accepted, with costs, in the following manner:- Consumer Complaint no.787 of 2017. The opposite parties, jointly and severally are directed as under:- To execute and get registered the sale deed, in respect of the unit, in question, in favour of the complainant, possession of which had already been delivered on 31.05.2018 during pendency of this complaint, within two months, from the date of receipt of a certified copy of this order, on receipt of amount, legally, due to be paid by her, after deducting/adjusting an amount of Rs.5 lacs, already paid by her, during pendency of the complaint, as referred to above. To pay compensation, by way of interest @12% p.a., on the entire deposited amount, to the complainant, from 11.08.2016 till 08.04.2017 (one month after the date of offer of possession i.e. 09.03.2017) within two months, from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount shall carry penal interest @15% p.a. instead of 12% p.a. from the date of default, till realization. To pay compensation to the tune of Rs.1,00,000/- for delay in execution of the agreement for about three years, within two months from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @12% p.a., from the date of filing this complaint till realization. To pay compensation, in the sum of Rs.1,50,000/-, on account of mental agony, physical harassment, caused to the complainant, deficiency in providing service and adopting unfair trade practice, within two months from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @12% p.a., from the date of filing this complaint till realization. To pay cost of litigation, to the tune of Rs.35,000/- to the complainant, within two months from the date of receipt of a certified copy of this order, failing which, the same shall also carry interest @12% p.a., from the date of filing this complaint till realization. ;


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