NCDRC

NCDRC

FA/888/2018

BENGAL UNITECH UNIVERSAL INFRASTUCTURE PVT. LTD. - Complainant(s)

Versus

APARESH NANDI & ANR. - Opp.Party(s)

M/S. I.G. AND ASSOCIATES

02 Jul 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 888 OF 2018
 
(Against the Order dated 23/03/2018 in Complaint No. 462/2015 of the State Commission West Bengal)
1. BENGAL UNITECH UNIVERSAL INFRASTUCTURE PVT. LTD.
UNIWORLD CITY HORIZONS TOWER 7, UNIT NO 001 & 002, ACTION AREA -III MAIN ARTERIAL ROAD NEW TOWN RAJARHAT
KOLKATA 700 156
...........Appellant(s)
Versus 
1. APARESH NANDI & ANR.
S/O. LT. JATINDRA MOHAN NANDI 63/A/1/B, HARI GHOSH STREET SHYAMBAZAR
KOLKAT 700 006
WEST BENGAL
2. SMT KUMKUM NANDI
W/O. APARESH NANDI 63/A/1/B, HARI GHOSH STREET SHYAMBAZAR
KOLKATA 700 006
WEST BENGAL
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. Raghenth Basant, Advocate
Mr. Palzer Moktan, Advocate
Ms. Namita Wali, Advocate
For the Respondent :
Mr. Bhaskar Roy, Advocate

Dated : 02 Jul 2018
ORDER

Delay condoned.

We have heard Learned Counsel for the Appellant and perused the impugned orders.

The only point raised by Learned Counsel for the Appellant in the present Appeals is that the State Commission has erred in law in directing the Petitioner to pay to the Respondents/Complainants interest @ 8% p.a. from the committed date of possession, i.e. 03.02.2015, for the delay in construction and handing over possession of the flats in question. 

It is not in dispute that in the Agreement, the Complainants/Allottees are liable to pay compounded interest @ 18% and, therefore, the State Commission has directed for payment of interest @ 8% on account of delay in construction and handing over possession of the flats.  In our opinion, the State Commission was perfectly justified in doing so.

We do not find any jurisdictional error in the impugned orders.  Consequently, the Appeals are dismissed.

The statutory amount deposited by the Appellant at the time of filing the Appeals shall be refunded to it.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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