NCDRC

NCDRC

FA/891/2018

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

Versus

JAYANTA KUMAR GHOSH & ANR. - Opp.Party(s)

M/S. I.G. AND ASSOCIATES

02 Jul 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 891 OF 2018
 
(Against the Order dated 23/03/2018 in Complaint No. 471/2015 of the State Commission West Bengal)
1. BENGAL UNITECH UNIVERSAL INFRASTUCTURE PVT. LTD.
UNIWORLD CITY HORIZONS TOWR 7, UNIT NO 001 & 002 ACTION AREA -III, MAIN ARTERAL ROAD NEW TOWR RAJARHAT
KOLKATA 700 156
...........Appellant(s)
Versus 
1. JAYANTA KUMAR GHOSH & ANR.
S/O. LT CHINTA HARAN GHOSH 30/26/1, ANDUL ROAD 1FLOOR, FLAT-A, DAKSHINEE APARTMENT
HOWRAH 711 109
WEST BENGAL
2. SMT APARAJIT GHOSH
W/O. JAYANTA KUMAR GHOSH 30/26/1, ANDUL ROAD 1FLOOR, FLAT-A, DAKSHINEE APARTMENT
HOWRAH 711 109
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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