Chandigarh

StateCommission

CC/492/2017

Ruchika Goyal - Complainant(s)

Versus

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

Sandeep Bhardwaj, Adv.

08 Mar 2018

ORDER

At the time of arguments, it is stated by Counsel for the parties that the matter has amicably been settled.

                        As per the Agreement signed between the parties, end date to hand over of possession of a developed plot was fixed at 30.08.2014. Admittedly, there is a delay in handing over of possession. It is stated by Counsel for the Opposite Parties that compensation @8.10% p.a. (simple) will be paid to the complainants for the amount deposited as on 30.08.2014 and whatever was deposited thereafter from the respective date of deposit till the date of grant of Completion Certificate to the Opposite Parties qua the plot, in question, or date of offer of possession i.e. 01.09.2017, whichever is later. It is further stated by Counsel for the Opposite Parties that an amount of Rs.66,456/- shall be refunded to the complainants, which was charged towards increased area.

                        The aforesaid offer made is acceptable to the Counsel for the complainants.

                        It is further agreed that amount calculated, as per the settlement made, shall be paid by the Opposite Parties to the complainants within three dates i.e. first installment will be paid on 15.04.2018, second will be paid on 30.05.2018 and last installment will be paid on 15.07.2018.

                        In view of above, this complaint stands disposed of accordingly.

                        We make it very clear that in case, the amount is not so paid, the order passed shall be treated as executable decree and it will be open to the complainants to get it executed.

                        It is further made clear that if amount is not paid, as agreed, for a failure to make any payment, it shall incur penal amount of Rs.30,000/- for each default.

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