STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
First Appeal No. | : | 485 of 2013 |
Date of Institution | : | 07.11.2013 |
Date of Decision | : | 10/12/2013 |
1.M/s New Generation Real Estate (Pvt.) Ltd., C/o SCO No. 373-374, Sector 35-B, Chandigarh, through its Director
2.R.M. Singla, Director, M/s New Generation Real Estate (P.) Ltd., C/o SCO No.373-374, Sector 35-B, Chandigarh.
……Appellants/Opposite Parties No.1 and 2
V e r s u s
1.Ashok Kumar s/o Late Sh. Om Parkash, resident of House No.802, Sector 4, Panckhula.
2.Anish Gupta wife of Sh. Ashok Kumar, resident of House No.802, Sector 4, Panckhula.
....Respondents No.1 and 2/complainants
3. New Generation Resident Welfare Society (Regd.) Flat No.15G, New Generation Apartments, Dhakoli, Zirakpur-140603, Punjab, through its Chairman/Manager. (service dispensed with vide order dated 08.11.2013).
....Proforma Respondent No.3/Opposite Party No.3
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. Dinesh Madra, Advocate for the appellants.
Sh.Ashok Kumar, respondent no.1, in person, and on behalf of respondent no.2, alongwith their Authorized
PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT
“For the reasons recorded above, we find merit in the complaint and the same is allowed. The OPs 1 & 2 are directed:-
i) Punjab) registered in favour of the complainants within two months from the receipt of the copy of this order. The cost of stamp duty, registration and documentation charges shall be borne by the complainants. The complainants shall inform the OPs 1 & 2 about the purchase of stamp papers within 1 ½ months of the receipt of the copy of the order and thereafter OPs 1 & 2 shall intimate the complainants through registered letter, as to on which date and at what time they have to reach the office of Sub Registrar for registration of the Sale Deed/ Conveyance Deed. The said registered letter shall be sent at least 10 days before the date fixed for registration of the sale / conveyance deed.
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The liability of the OPs 1 & 2 shall be joint and several. In case the OPs 1 & 2 fail to get the sale deed executed and registered within a period of two months of the receipt of the copy of the order, they shall pay an interest @ 9% p.a. on the amount of compensation from the date of filing of the complaint till the registration of the sale deed”
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3. Rs.2375.20Ps. It was further stated that, on account of non-payment of amount towards maintenance charges from March, 2005 till February, 2007, which was payable, in terms of the Apartment Buyer`s Agreement Annexure C-4, a sum of
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13. The first question, that falls for consideration, is, as to whether, the amount of Rs.2375.20Ps., allegedly accrued due as interest, on account of delayed payment of installments, and Rs.40,833/-, on account of maintenance charges, from March 2005 till February 2007 was due, to the appellants/Opposite Parties No.1 and 2, against the complainants/respondents no.1 and 2, as a result whereof, conveyance/sale deed was not executed. Admittedly, the complainants applied for the allotment of apartment, to Opposite Parties No.1 and 2, and they were allotted the same. They paid the price of apartment, and were handed over possession of the same, on 05.04.2004, vide possession letter Annexure C-2, as per Clause 13 of the Apartment Buyers Agreement, Annexure C-4.
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Pronounced.
10/12/2013
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
Rg
