Chandigarh

StateCommission

EA/368/2019

Mahesh Tanwar - Complainant(s)

Versus

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

Abhishek Singh & Salil Sabhlok Adv.

03 Aug 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

 

Execution Application No.	:	368 of 2019
Date of Institution	:	03.10.2019
Date of Order	:	03.08.2021

 

1. Mahesh Tanwar S/o Major J.R.Tanwar, r/o House No.294, Amravati Enclave, P.O. Chandimandir, Panchkula.
2. Charan Singh Tanwar S/o Major J.R.Tanwar, r/o House No.294, Amravati Enclave, P.O. Chandimandir, Panchkula.

…..Decree Holders/Complainants.

Versus

1. DLF Homes Panchkula Pvt. Ltd., SCO No.190-191-192, Sector 8-C, Chandigarh 160009, through its Manager Authorised Signatory/Office Incharge/Director Sales and Marketing.
2. DLF Homes Panchkula Pvt. Ltd., having its Registered Office at 12^th Floor, DLF Gateway Tower, DLF City, Phase 3, NH 8 Gurgaon 122002, Haryana through its Chairman/Managing Director/Director/Authorized Signatory/Representative.

Site Address : The Valley, Sector 3 Kalka-Pinjore Urban Complex, District Panchkula, Haryana.

…Judgment Debtors/Opposite Parties.

 BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                MRS. PADMA PANDEY, MEMBER.

                MR. RAJESH K. ARYA, MEMBER.

 

Argued by:

 

Sh. Abhishek Singh, Advocate for the decree holders.

Sh. Kunal Dawar, Advocate for the judgment debtors.

 

PER  PADMA PANDEY, MEMBER

                This execution application has been filed by the decree holders/complainants for execution of order dated 05.12.2016 passed by this Commission in Consumer Complaint bearing No.566 of 2016 (Annexure A-1) and modified vide orders dated 11.12.2017 by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi and dated 19.11.2018 (Annexure A-2) by the Hon’ble Supreme Court of India.

2.             Vide our order dated 05.12.2016  in Consumer Complaint No.566 of 2016, the decree was passed, which reads as under :-

“39.        For the reasons recorded above, all the complaints bearing Nos.438/2016, 503/2016, 504/2016, 505/2016, 506/2016, 507/2016, 508/2016, 515/2016, 517/2016, 518/2016, 519/2016, 520/2016, 521/2016, 522/2016, 523/2016, 524/2016, 525/2016, 526/2016, 531/2016, 532/2016, 533/2016, 534/2016, 566/2016 and 568/2016 are partly accepted, with costs, in the following manner:-

Consumer Complaints bearing No:

438/2016, 503/2016, 504/2016, 505/2016, 506/2016, 507/2016, 519/2016, 518/2016, 519/2016, 522/2016, 526,2016 and 566/2016.

              In these twelve cases, the Opposite Parties have offered possession during the pendency of the complaint but, as already stated above, copies of offer of possession letters were not placed on record. In case, any allottee is eager to get possession, he/she will complete formalities and deposit the amount before the period of six months, and pay the demand raised, except the demands raised towards, contingent VAT deposit and Advocate charges, and as and when, amount is deposited and other necessary documents are submitted, possession will be handed over to complainant(s).

             The Opposite Parties, in each of these cases, are, jointly and severally, directed as under:

(i)	To hand over physical possession of  the unit(s), allotted in favour of the complainant(s), complete in all respects, to the complainant(s), within a period of 30 days, from the date  balance payment is made/documents are completed  by the complainant(s).
(ii)	Execute and get registered the sale deed in respect of the unit(s), in question, within one month from the date of handing over of possession to the complainant(s). The stamp duty, registration charges and incidental expenses, if any, shall be borne by the complainant(s).
(iii)	To pay compensation, by way of interest @12% p.a., on the deposited amount, to the complainant(s), from the dates 21.02.2014, 12.11.2013, 15.12.2013, 14.12.2013, 05.01.2014, 10.01.2014, 11.01.2014, 21.02.2014, 14.01.2014,  05.01.2014, 13.12.2013 and 01.08.2014 respectively uptil two months from the date of offer of possession i.e. up-to 25.12.2016, 14.12.2016, 19.12.2016, 14.12.2016, 25.12.2016, 25.12.2016, 09.12.2016, 28.12.2016, 28.12.2016, 09.12.2016, 25.12.2016 and 09.12.2016, respectively or up-to the date on which possession is actually handed over, whichever is earlier,  within 45 days, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry penal interest @15% p.a., instead of 12% p.a., from the date of default, till realization.
(iv)	Pay compensation in the sum of Rs.1,50,000/- on account of mental agony, physical harassment and deficiency in service, (In CC/438 & CC/566/2016  - Rs.1,25,000/- each) and Rs.35,000/- as litigation costs, to the complainant(s), within 45 days from the date of receipt of a certified copy of the order, failing which, the said amount shall carry interest @12% p.a., from the date of filing the complaint(s) till realization.

            In all these complaints, as agreed between the parties, the Advocate Charges shall not be charged by the Opposite Parties. The actual expenditure for registration of Sale Deed(s) besides Stamp duty and Registration charges, shall, however, be borne by the complainant(s). The amount of contingent vat, shall be payable by the complainant(s) as and when the same becomes payable by the Opposite Parties to the Government.

             As agreed, the amount of contingent Vat deposit will not be insisted upon at this stage, subject to furnishing an affidavit by the allottee(s) to make the payment as and when demanded by the Government.”

             Since the demand(s) raised have, by and large, been held to be justified, in cases wherever, there is delay in making payment towards demand raised beyond two months, period taken beyond two months shall be excluded for the purpose of payment of 12% interest compensation on delayed period.”

3.             Aggrieved against the aforesaid order, the judgment debtors filed appeal bearing No.133 of 2017 before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi, which was disposed of vide order dated 11.12.2017, whereby, the aforesaid order was modified to the extent that the interest payable by the judgment debtors was reduced to 9% instead of 12%.

4.             Still dissatisfied, the judgment debtors preferred appeal before the Hon’ble Supreme Court bearing Civil Appeals No.11097 to 11138 of 2018 titled as DLF Homes Panchkula Pvt. Ltd. & anr. Etc. Vs. Himanshu Arora & anr. Etc., which were disposed of vide common order dated 19.11.2018 (Annexure A-2), vide which, the Hon’ble Supreme Court of India confirmed the order dated 11.12.2017 of the Hon'ble National Consumer Disputes Redressal Commission, New Delhi, with the modification that the period for which the interest would be payable would be in conformity with the order of this Commission.

5.             The judgment debtors in compliance of the aforesaid order of the Hon’ble Supreme Court of India deposited an amount of Rs.5,00,51,784/- on 14.06.2018.

6.             As per calculation sheet of the decree holder (Annexure A-3), an amount of Rs.23,86,403/- is to be payable by the judgment debtors.

7.             As per calculation sheet of the judgment debtors (Annexure JD-3), an amount of Rs.8,78,157/- is payable by them to the decree holders.

8.             We have heard Counsel for the contesting parties and perused the record.

9.             After going through the record, we are of the view that the judgment debtors rightly calculated the amount, as possession was offered to the complainant on 10.10.2016 but the same was taken by them on 18.11.2017 and in terms of the order of the Hon’ble Supreme Court of India, interest has to be calculated uptill two months from the date of offer of possession i.e. 09.12.2016, whereas, the decree holders have wrongly calculated the interest upto 08.09.2019. So, we are of the view that the judgment debtors have rightly calculated the compensation payable strictly as per the order of the Hon’ble Supreme Court of India, which reads thus :-

9% compensation as per court order from 01/08/2014 to 09/12/2016 for amount of Rs.	7,18,157/-
Mental Agony (Add)	1,25,000/-
Litigation Charges (Add)	35,000/-
Total amount to be paid to complainant(A)	= 8,78,157/-
FDR amount deposited with State Consumer Disputes Redressal Commission released to complainant (less)	5,00,000/-
Interest on FDR received by the complainant (less)	29,186/- =5,29,186/-
FDR Amount deposited with SC which now stands transferred to State Consumer Disputes Redressal Commission, share of complainant being part of 5 crore FDR (B)	6,59,354/-
Balance to be released to the complainant/DH (C) i.e.8,78,157 – 5,29,186 = 3,48,971)	3,48,971/-
Excess amount paid by the OP/JD, (B) – (C) (i.e.6,59,354 – 3,48,971 = 3,10,383) The excess amount alongwith interest on FDR be released to the OPs/Judgment Debtors	3,10,383/- (excess amount)

 

10.           It is pertinent to mention here that the judgment debtors deposited an amount of Rs.5,00,000/- with this Commission. This Commission already released an amount of Rs.5,00,000/- + Rs.29,186/- i.e. totaling Rs.5,29,186/- in favour of the decree holders vide order dated 27.02.2018 passed by this Commission in MA/121/2018.

11.           Now out of Rs.6,59,354.11 from the deposit of Rs.5 crore FDR vide order dated 22.05.2019 from the Hon’ble Supreme Court of India, only an amount of Rs.3,48,971/- (Rs.8,78,157/- - Rs.5,29,186/-) is left to be released in favour of the decree holders. Therefore, the excess amount i.e. Rs.6,59,354/- - Rs.3,48,971/- = Rs.310,383/- should be refunded to the judgment debtors alongwith interest on FDR.

12.              It may be stated here that the judgment debtors already complied with the order of the Hon’ble Supreme Court of India while depositing the amount, therefore, no question of penal interest would arise.

13.              We, therefore, direct the office of this Commission as under :-

1. To release an amount of Rs.3,48,971/- (Rs.8,78,157/- - Rs.5,29,186/-) to the decree holders from the amount of Rs.6,59,354/-, which stands already deposited with this Commission by the judgment debtors out of the amount of Rs.5 crore (which was earlier deposited by the judgment debtors as per the order of the Hon’ble Supreme Court of India).
2. To release the balance amount of Rs.3,10,383/- (Rs.6,59,354/- - Rs.3,48,971/-) to the judgment debtors Company, which is the excess amount deposited by them out of the amount of Rs.5 crore (which was earlier deposited by the judgment debtors as per the order of the Hon’ble Supreme Court of India).

14.              Accordingly, this execution application stands disposed of.

15.              Certified copies of order be given to the parties/their Counsel free of charge.

Pronounced.

03.08.2021                                                              Sd/-

[RAJ SHEKHAR ATTRI]

PRESIDENT

Sd/-

(PADMA PANDEY)

        MEMBER

 

Sd/-

(RAJESH  K. ARYA)

MEMBER

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