Dated:- 02/12/2024 ORDER RA No.331 of 2024 (REVIEW IN CHAMBER) 1. In the Review Application it has been submitted that while the prayer of the appellant in the First Appeal was for possession of the flat in question with compensation for delay, the directions in the impugned order was for refund of the deposited amount with interest. It was, therefore, prayed in the Review Applicatin that the impugned order be reviewed and to direct the respondents to deliver the possession of the unit to the appellant along with interest for the delayed possession from the due date of possession i.e., 19.10.2013 till the actual date of possession which was prayed by the appellant. 2. I have gone through the Review Application. 3. It is apparent from the impugned order that there is an error apparent on the face of the record in view of the fact that the order is directed for refund with compensation whereas the prayer of the appellant in the First Appeal was as under: (a) Allow the appeal of the appellant and modify the judgment dated 04.10.2018 passed by the Hon’ble State Commission in complaint no.146 of 2016; (b) Call for the records that resulted in passing the order dated 04.10.2018 passed by the State Consumer Disputes Redressal Commission, UP at Lucknow in Complaint no.146 of 2016; and (c) Pass such other order of further orders as deemed fit and proper. 4. In view of the above, the impugned order allowing the appeal calls for modification of the order in so far as relief therein is concerned. Accordingly, paragraph 13 of the impugned order dated 29.07.2024 is recalled in review and substituted to read as under: (i) The respondent shall hand over the possession of the flat in question within three month subject to appellant depositing the requisite balance dues, if any, on raising of a demand; (ii) Respondent shall pay interest @ 6% per annum to the appellant on the deposited amount from the promised date of possession till the date of offer of possession is made; (iii) Respondent shall pay litigation cost of Rs.10,000/- to the appellant along with compensation as directed above. 5. The Review Application is allowed with these directions. |