Chandigarh

StateCommission

EA/5/2020

Brig Subhash Chander Panwar, SM - Complainant(s)

Versus

DLF Homes Panchkula Pvt. Ltd. - Opp.Party(s)

Parveen Gupta Adv.

14 Jan 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

1. Brig. Subhash Chander Panwar, SM S/o Sh. Ram Chander Panwar, Deputy General Officer Commanding, P-284, Station House, Bharuwala, Clement Town Cantt., Dehradun (UK)  - 248002.
2. Mrs. Vinita Panwar W/o Brig. Subhash Chander Panwar, SM, Deputy General Officer Commanding, P-284, Station House, Bharuwala, Clement Town Cantt., Dehradun (UK)  - 248002.

…..Decree Holders.

Versus

1. DLF Homes Panchkula Private Ltd. (Through its Managing Director), Regd. Office-2^nd Floor, DLF Gateway Tower, DLF City, Phase-III, NH-8, Gurgaon – 122002, Mail ID: nd Floor, DLF Gateway Tower, DLF City, Phase-III, NH-8, Gurgaon – 122002, Mail ID:

…..Judgment Debtors.

BEFORE:      JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                        MRS. PADMA PANDEY, MEMBER

                        MR. RAJESH K. ARYA, MEMBER

Present through Video Conferencing:-

Counsel for the decree holders    : Sh. Parveen Gupta, Advocate.

Counsel for the judgment debtors            : Sh. Shiv Kumar, Advisor (Legal) & Advocate.

RAJESH K. ARYA, MEMBER

                        The sole controversy involved in this case is regarding calculations of both the parties. As per the decree holders, though they have received an amount of Rs.5,02,000/- from the judgment  debtors yet, an approximately, an amount of Rs.1,50,000/- is still payable by the judgment debtors.

2.                     On the other hand, Sh. Shiv Kumar, Advisor (Legal) & Advocate of the judgment debtors argued that the judgment debtors have already fully complied with the order under execution and as per their calculation, only an amount of Rs.1,15,881/- is payable, drafts whereof are already ready with the judgment debtors and the decree holders can collect those demand drafts at any time from their office.

3.                     We have heard the Counsel for the parties and have also gone through the objections of the judgment debtors and calculations of both the parties carefully.

4.                     It may be stated here that consumer complaint No.393 of 2018 was disposed of by this Commission vide order dated 16.07.2019, which is under execution, in terms of ratio of judgment in the case of DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda Etc., Civil Appeal Nos.4910-4941 of 2018 decided by Hon’ble Supreme Court of India on 10.05.2019, in the following manner:-

            “At the time of arguments, the matter has amicably been settled between the parties.

2.         It is stated that let this matter be disposed of in terms of ratio of judgment in the case of DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda Etc., Civil Appeal Nos.4910-4941 of 2018 decided by Hon’ble Supreme Court of India on 10.05.2019.

3.         It is stated that taking note of date of Independent Floor Buyer’s Agreement (Annexure C-3) i.e. 11.04.2011 plus three years period, to deliver actual physical possession of the unit, in question, i.e. up to 10.04.2014, no compensation for the said period will be paid to the complainants. The complainants shall be entitled to compensation @9% per annum (simple), on the amounts paid, whereof 11.04.2014 up-to the date of offer of possession (29.10.2016) plus two months i.e. 29.12.2016.

4.         Compensation @9% p.a. (simple) for the aforesaid period i.e. 11.04.2014 up-to 29.12.2016, shall be calculated in the following manner:-

1. w.e.f. due date of possession i.e. 11.04.2014 in respect of deposits made up-to the said due date;
2. w.e.f. respective dates of deposits in respect of amount(s) paid after the said due date of possession.

5.         It is further agreed that the opposite parties will also pay an amount of Rs.50,000/- as lump-sum compensation towards mental agony & physical harassment and litigation expenses.

6.         Sh. Shiv Kumar, Advisor (Legal) of the opposite parties undertakes that the amount of compensation @9% p.a. (simple) will be calculated in terms of facts mentioned and above and will be paid to the complainants within twelve weeks from today onwards.

7.         To safeguard the interest of the complainants and to ensure payment of amount as referred to above, we make it very clear that if the amount is not so paid within the given time, the entire amount of compensation calculated in terms of principles laid down above and the lump-sum amount of compensation awarded for mental agony & physical harassment and litigation expenses, will start getting interest @9% per annum (simple) till the time of making the payment.

8.         It is further ordered that let the Sale Deed qua the unit, in question, be also executed on complainants’ purchasing the stamp papers etc. and giving notice to the opposite parties. Needful shall be done by the opposite parties within two months from the date of receipt of such notice from the complainants.

9.         In view of above settlement, this complaint stands disposed of.

10.       Certified copies of this order be given dasti to the parties/their Counsel free of charge.

5.                     Bare perusal of calculations placed on record by the decree holders transpires that the decree holders have calculated interest @9% p.a. on the entire amount paid for the period from 11.04.2014 to 29.12.2016, which is totally wrong. Rather, the decree holders should have calculated interest for the aforesaid period from the respective dates of deposits. The amounts were paid by the decree holders in part on different dates, which fact has not been disputed. Thus, the calculation filed by the decree holders is not correct as they have wrongly calculated interest.

6.                     On the other hand, in their calculation filed, the judgment debtors have rightly calculated interest @9% per annum on the deposited amount(s) from their respective dates of deposits for the period 10.04.2014 to 29.12.2016 and also on Rs.5,53,000/-, which was paid by the decree holders on 16.07.2019. As per their calculation, an amount of Rs.5,84,771/- including litigation expenses of Rs.50,000/- was payable. Apart from it, the judgment debtors have also given adjustment of an amount of Rs.33,110/- which was received in excess from the decree holders. Thus, after adjustment of this amount of Rs.33,110/- and amount already received by the decree holders to the tune of Rs.5,02,000/-, the judgment debtors have rightly calculated the leftover amount of Rs.1,15,881/-. The difference of amount of Rs.1,50,000/- approximately is on account of Govt. Employee Discount and other EPR etc. given by the judgment debtors to the decree holders. The calculation of the judgment debtors is in consonance with the order dated 16.07.2019 passed by this Commission and no more amount is payable by the judgment debtors besides only Rs.1,15,881/-, demand drafts whereof are already prepared and available by the judgment debtors, which the decree holders can collected from them.

7.                     For the reasons recorded above, the execution application stands disposed of.

8.                     Certified copies of this order be sent to the parties, free of charge. Copy of this order be also sent to the parties/Counsel through email/whatsapp.

Pronounced

14.01.2021

[JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

(PADMA PANDEY)

            MEMBER

 (RAJESH K. ARYA)

MEMBER