It is submitted on behalf of the Respondent/Complainant Sangeeta Gupta that she was the joint allottee of the subject flat with 50% ownership in that flat along with her husband. Her husband had expired during COVID period, on 19.05.2021 and he had left a registered will dated 28.04.2014 whereby he had bequeathed his share in the subject property in her favour and this fact had not been brought to the notice of the Commission by his earlier Counsel and so, on application by the Appellant, all the legal heirs being the parents and children of the deceased husband have been ordered to be brought on record. It is -2- submitted that this order needs recall since it has been obtained on submission of wrong facts inadvertently. It is further submitted that there is no other will of her husband and an affidavit to this effect has been filed along with copy of the will. Admittedly, Ms. Sangeeta Gupta is the co-allotteee of the subject flat and one of the Complainants. Since she has filed a registered will whereby now the property of her deceased husband has been bequeathed upon her, the impugned order dated 25.10.2021 is hereby recalled and she is substituted as the only legal heir of deceased Gorav Gupta. Necessary amendment in the memo of parties be done. Final arguments heard. Vide separate order, the order is announced. ORDER (ORAL) The present Appeal has been filed against the order dated 10.08.2017 of the State Consumer Disputes Redressal Commission, UT Chandigarh (for short “the State Commission”) in Complaint No.318 of 2017, by which the State Commission had allowed the Complaint filed by the Respondent. 2. The State Commission had issued the following directions after finding the Appellant deficient in providing services: “Consumer complaint bearing no. 318 of 2017, titled as Gorav Gupta and another Vs. M/s Omaxe Chandigarh Extension Developers Private Limited. The opposite party/Company(s), addresses whereof have been mentioned in the head note of the main complaint is directed as under:- - To hand over actual physical possession of the unit, in question, to the complainants, within a period of 04 months, from the date of receipt of certified copy of this order, complete in all respects, after obtaining necessary occupation and partial/completion certificates, from the competent authorities, on receipt of legally due amount from them (complainants), if any.
- To execute and get registered the sale deed, in respect of the unit, in question, in favour of the complainants, within two months, from the date of handing over possession, as indicated in Clause (i) above, on payment of registration and stamp duty charges, by them to the Registering Authorities.
- To pay compensation, by way of interest @12% p.a., on the entire deposited amount, to the complainants, from 29.10.2014 (promised date) to 31.07.2017, within two months, from the date of receipt of a certified copy of this order, failing which, the said
-3- amount shall carry penal interest @15% p.a. instead of 12% p.a., till realization. - To pay compensation by way of interest @12% p.a. on the entire deposited amount, w.e.f. 01.08.2017, onwards (per month), till actual delivery of actual physical possession of the unit, by the 10th of the following month, failing which, the same shall also carry penal interest @15% p.a., instead of 12% p.a., from the date of default, till payment is made.
- To pay compensation, in the sum of Rs.1.50 lacs, on account of mental agony, physical harassment, caused to the complainants, deficiency in providing service and adopting unfair trade practice, within two months from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @12% p.a., from the date of filing this complaint till realization.
- To pay compensation, in the sum of Rs.50,000/-, for adopting unfair trade practice, by not getting the Allotment Letter/Agreement signed within a reasonable period, after receiving substantial amount, as indicated above, within two months from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @12% p.a., from the date of filing this complaint till realization.
- To pay cost of litigation, to the tune of Rs.33,000/- to the complainants, within two months from the date of receipt of a certified copy of this order, failing which, the same shall also carry interest @12% p.a., from the date of filing this complaint till realization.”
3. This Appeal has been filed by the Opposite Party challenging the directions issued in the Complaint No.318 of 2017. 4. It is submitted by learned Counsel for the Appellant that grant of interest @ 12% p.a. is towards higher side and also that they are liable to pay compensation only till the date of offer of possession which was made after obtaining the Occupancy Certificate. It is further contended that besides the grant of -4- interest, award of compensation of ₹50,000/- for adopting unfair trade practice and ₹1.5 lakhs towards mental agony is also uncalled for in view of the judgment of Hon’ble Supreme Court in “DLF Homes Panchkula Limited vs. D. S. Dhanda etc. (2020) 16 SCC 318”. It is submitted that in view of this, the impugned order needs modification. 5. Learned Counsel for the Respondent/Complainant has relied on the findings of this Commission in “First Appeal No.2050 of 2017 titled as Omaxe Chandigarh Extension Developers Pvt. Ltd. Vs. Tejpal Kaur” decided on 04.10.2021, arising out of the same impugned order by which the Complaint No.331 of 2017 was also disposed of. It is submitted that the facts and circumstances of the case of both the cases are identical, that is why both the Complaints were decided by the State Commission by the same order. It is prayed that since it is a covered matter, similar directions be issued in the present Appeal. 6. I have given thoughtful consideration to the rival contentions of the parties and perused the file. 7. It is apparent that the present Appeal is covered by the findings of this Commission in Tejpal Kaur’s case (supra) and the contentions raised in the present Appeal by the Appellant are also -5- similar and hence, it is a covered matter. The Appeal is partly allowed and the following directions are issued: - To hand over the possession of the Unit, in question, to the Respondent, on payment of balance consideration by the Respondent as per the Allotment Letter/Agreement, within a period of two months, from the date of issue of this order.
- To pay delay compensation by way of simple interest @ 9% p.a. from 29.10.2014 (date of delivery of possession) till 06.01.2018 (offer of possession was made after obtaining the Occupancy Certificate) within two months of this order, failing which an interest of 12% per annum will be applicable.”
8. With these directions, the Appeal stands disposed of. |
