Chandigarh

StateCommission

CC/184/2018

Renu Gupta - Complainant(s)

Versus

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

Vikas Goel, Adv.

24 Jan 2019

ORDER

As per the agreement, possession of the plot, in question, was to be offered on or before 21.01.2015 whereas it was offered only on 23.09.2017. In a way, there is a delay of 21 months in offering possession.   

                    Possession already stood given to the complainant on 12.10.2018. Now the question remains only qua payment of delay charges to the complainant by the opposite parties.

                At the time of arguments, the matter has amicably been settled.

                Sh. Sanjeev Sharma, Advocate, Counsel for the opposite parties states that for a period of 21 months delay, the opposite parties shall pay compensation to the complainant @8% per annum (simple) on the deposited amount of Rs.43,97,512/-, till the time of making offer of possession on 23.09.2017 i.e. for a period of 21 months.

                It is stated by Sh. Sanjeev Sharma, Advocate that the payable amount will be calculated as in the manner referred to above. Thereafter, an amount of Rs.4,83,447/- shall be adjusted in the account of the complainant, which is payable by her and the balance amount shall be paid in three monthly equated installments.

                We make it very clear that the payable amount will be quantified and thereafter, first installment of one third amount shall be paid on or before 23.03.2019. On the remaining amount for the period falling in between, interest will be calculated and half of the total amount, so calculated, shall be paid on the next due date i.e. 23.04.2019. For the intervening period, again on the remaining amount, interest be calculated and the entire amount be paid on or before 23.05.2019.

                We make it very clear that in case, the amount is not so paid, the complainant shall be entitled to get interest @10% per annum (simple) from the date of passing of this order.

                The order passed shall be treated as an executable decree and furthermore, if any default is committed, for each default, penalty of Rs.25,000/- shall be deemed to have been imposed upon the opposite parties and in case of such default, the complainant will be free to execute the order passed by filing an execution application. 

                Sh. Sanjeev Sharma, Advocate, Counsel for the opposite parties states that on settling the account, in the manner referred to above, after making third payment of amount due, sale deed will be executed on payment of legally due amount within next two months.

                The complaint stands disposed of accordingly.

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