PER MR SUBHASH CHANDRA, MEMBER 1. This Appeal has been filed by the Opposite Party (Appellant herein), DLF Homes Panchkula Pvt., Ltd., challenging the order dated 14.03.2019 passed by the State Consumer Disputes Redressal Commission, Chandigarh (in short, ‘the State Commission’) in Complaint Case No. 805/2017. The State Commission vide impugned order dated 14.03.2019, allowed a group of Appeals and directed the Appellant jointly and severally as follows:- - To pay compensation, by way of simple interest @9% p.a., on the deposited amount(s), to the complainant(s), with effect from 10.03.2010 to (date of offer of possession) within 45 days, from the date of receipt of a certified copy of this order, failing which, the said amount(s) shall carry penal interest @10% p.a. (simple), instead of 9% p.a. (simple), from the date of default i.e. w.e.f expiry of period of 45 days, till realization.
- Pay compensation in the sum of Rs.75,000/-, in each case, on account of mental agony, physical harassment and deficiency in service and Rs.22,000/-, in each case, as litigation costs, to the complainant, within 45 days from the date of receipt of a certified copy of the order, failing which, the said amount shall carry interest @9% p.a. (simple), from the date of filing the complaint till realization.
2. The impugned order relates to the Appellant’s residential plotted colony ‘The Valley’ in Sector 3, Pinjore-Kalka, Urban Complex, Panchkula where Respondents/Complainants were allotted an independent floor No. DVF-E 3/14, FF vide allotment letter dated 10.03.2010. An independent Apartment Buyers’ Agreement was signed between the Respondents and the Appellant on 07.01.2011, whereby in clause 11(a) the construction of the said project was committed to be completed within 24 months subject to force majeure conditions or reasons as per clauses 11(b) and 11(c) . The Appellant, however, offered possession of the independent floor/independent apartment on 14.01.2016 to the Respondents based upon the Occupation Certificate dated 10.07.2015. Alleging deficiency in service and unfair trade practice the Respondents approached the State Commission on various grounds leading to the impugned order. 3. We have perused the records carefully and heard the learned Counsel for the Appellant and learned Proxy Counsel for the Respondents. Both the Appellant and the Respondents submits that the matter is covered by the order of Hon’ble Apex Court in DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda Etc. Etc. in Civil Appeal Nos. 4910-4941 / 2019 & DLF Homes Panchkula Pvt. Ltd. & Anr. Vs. Sudesh Goyal Etc, in Civil Appeal Nos. 4942-4945/2019 decided on 10.05.2019. Admittedly, possession has been handed over to the respondents on 14.01.2016. Learned Counsel for the Appellant submitted that they are only challenging the cost granted by the State Commission, which may be modified in terms of DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda Etc. Etc. (supra). 4. In view of the facts of the instant case being identical to those in D S Dhanda (Supra) insofar as they relate to compensation in delay in handing over possession, we are convinced that the instant case is squarely covered by the judgment of the Hon’ble Supreme Court in DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda Etc. Etc. (supra) for compensation. Accordingly, the Appeal is allowed with the following modification in the impugned order:- - To pay compensation, by way of simple interest @ 9% p.a., on the deposited amount(s), to the complainant(s), with effect from 10.03.2010 to 26.08.2016, within 45 days, from the date of receipt of a certified copy of this order, failing which, the said amount(s) shall carry penal interest @10% p.a. (simple), instead of 9% p.a. (simple), from the date of default i.e. w.e.f expiry of period of 45 days, till realization.
- Pay compensation of Rs.22,000/- as litigation cost to the
Complainants within 45 days till realization. 5. The Appeal is accordingly disposed of. |
