Chandigarh

StateCommission

CC/732/2017

Priyanka Ahuja - Complainant(s)

Versus

M/s Omaxe Chandigarh Extension Developers Private Limited - Opp.Party(s)

Amandeep Singh Nirmaan, Adv.

24 Aug 2018

ORDER

As per Buyer’s Agreement dated 06.07.2012, the opposite party committed to hand over possession of the unit (flat), in question, on or before 03.07.2015. The possession has not been delivered till today.

                   Counsel for the opposite party states that possession is likely to be delivered in the near future.

                   Be that as it may, the matter has amicably been settled between the parties.

                   It is stated by Sh. Munish Gupta, Advocate, Counsel for the opposite party that for the delay caused, whereof 03.07.2015, on the amount paid by that date by the complainant, the opposite party (Company) shall pay compensation in the shape of interest @8% per annum (simple) up-to today. It is further stated that if any delay was caused in making the payment, for that, the opposite party will charge delayed interest @8% p.a. Be that as it may, we make it very clear that if delay has already been condoned, for the said period, no amount of interest will be charged by the opposite party. We also make it very clear that if any payment is made after 03.07.2015, upon that amount, interest at the above rate will be paid from the respective date(s) of payment. It is also agreed that over and above the amount of interest, as referred to above, the opposite party shall pay an amount of Rs.50,000/- as compensation towards mental agony and physical harassment caused to the complainant. The amount, referred to above, shall be paid in three equated installments, in the following manner:-

                   1^st Installment     -        24.10.2018

                   2^nd Installment    -        24.12.2018

                   3^rd Installment    -        24.02.2019

                   We make it very clear that if possession is not handed over in next three months, then on the entire amount paid, the complainant will start getting interest @9% p.a. (simple), on expiry of the said date i.e. 24.11.2018.

                   In view of above, this complaint stands disposed of.

                   Certified copy of this order be sent to the parties free of charge.