Chandigarh

StateCommission

MA/698/2022

Sandeep Alipuria - Complainant(s)

Versus

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

Arjun Sharma & Ramandeep Kaleka Adv.

04 Jan 2023

ORDER

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T. CHANDIGARH

============

 

Misc. Application No.	:	MA/698/2022
In Consumer Complaint No.	:	CC/608/2017
Date  of  Institution	:	15/09/2022
Date   of   Decision	:	04/01/2023

 

 

 

 

 

1]     Sandeep Alipuria son of Late Sh. Satpal Alipuria.

2]     Smt. Seema Rani wife of Sh. Sandeep Alipuria.

Both residents of House No. 2178/5, Opposite Khera Lehal Colony, Patiala.

…. Complainants

 

Vs.

 

1]     M/s Omaxe Chandigarh Extension Developers Pvt. Limited, having its Regd. Office at 10, Local Shopping Centre, Kalkaji New Delhi South DL 110019 through its Managing Director.

2]     Principal Officer, M/s Omaxe Chandigarh Extension Developers Pvt. Limited (wholly owned subsidiary of M/s Omaxe Limited) having its Office at SCO 139-140, 1^st Floor, Sector 8-C, Madhya Marg, Chandigarh – 160008. Also at : India Trade Tower, 1^st Floor, Omaxe New Chandigarh, P.O. Mullanpur, Garibdass, Tehsil Kharar, District SAS Nagar Mohali, Punjab – 140901.

3]     Sh. Kamal Kishore Gupta, Director, M/s Omaxe Chandigarh Extension Developers Pvt. Limited, having its Regd. Office at 10, Local Shopping Centre, Kalkaji New Delhi South DL 110019.

4]     Sh.Bhupendra Singh, Director, M/s Omaxe Chandigarh Extension Developers Pvt. Limited, having its Regd. Office at 10, Local Shopping Centre, Kalkaji New Delhi South DL 110019.

…… Opposite Parties

BEFORE: JUSTICE RAJ SHEKHAR ATTRI    PRESIDENT

PADMA PANDEY                             MEMBER

                RAJESH K. ARYA                           MEMBER

                PREETINDER SINGH                      MEMBER

 

PRESENT	:	Sh. Arjun Sharma, Advocate for the Applicants/Opposite Parties.
	:	Sh. Gaurav Bhardwaj, Advocate for the non-Applicants/ Complainants.

 

PER PADMA PANDEY, MEMBER

 

 

 

 

                By this order, we shall dispose of MA/698/2022 moved by Applicants/Opposite Parties (M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. & Others) for release of an amount of Rs.9,96,272/- deposited by them with Commission vide Demand Draft No. 186998 dated 03.08.2020 in pursuance to the order dated 07.07.2020 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, along with the interest accrued on the said amount.  

 

2.         Succinctly put, vide order dated 26.11.2019, this Commission disposed of the Consumer Complaint No. 608 of 2017 titled as “Sandeep Alipuria & Anr. Vs. M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. & Others”, by issuing the following directions: -

 

“21.    For the reasons recorded above, this complaint is partly accepted with costs. The opposite parties, jointly and severally, are directed as under: -

 

(i)      To execute and get registered the sale deed in respect of the unit in question in favour of the complainants, within a period of one month, from the date of receipt of a certified copy of this order, on payment of legally due amount strictly as per agreement including the stamp duty charges, except ‘Preferential Location Charges’ (PLC) as explained above. However, it is made clear that the opposite parties shall not charge any delayed payment interest from the complainants, as in the absence of development work and offer of possession of the unit, they were not entitled to demand any further amount from the complainants.

 

(ii)     To pay compensation, by way of interest @9% p.a., on the entire deposited amount to the complainants from 06.07.2016 (due date of possession) till 10.12.2018, the date when possession was actually delivered, within a period of one month, from the date of receipt of a certified copy of this order, failing which, thereafter, the said amount shall carry penal interest @12% p.a. instead of 9% p.a., till the payment is made.

 

(iii)     To pay compensation for causing mental agony and physical harassment; deficiency in providing service and adoption of unfair trade practice and also cost of litigation, in lumpsum, to the tune of Rs.50,000/-, to the complainants, within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, the said amount of Rs.50,000/-, shall carry interest @9% p.a. from the date of passing of this order, till realization.”

 

3.         Being aggrieved, the Applicants/Opposite Parties assailed the aforesaid order dated 26.11.2019 passed by this Commission before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, by way of First Appeal No. 225 of 2020 titled as “M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. & Anr. Vs. Sandeep Alipuria & Anr.”.

 

4.         The Hon’ble National Consumer Disputes Redressal Commission, New Delhi, while issuing notice in the aforementioned First Appeal for 24.09.2020 stayed the execution of the order dated 26.11.2019 passed by this Commission, subject to the Applicants/Opposite Parties depositing 9% interest in terms of the order of this Commission within four weeks before this Commission. The relevant extract of order dated 07.07.2020 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, is reproduced hereinbelow: - 

“Issue notice to the respondents for 24.09.2020 subject to the appellant remitting a sum of Rs.10,000/- as conveyance charges and miscellaneous expenses to the complainants within two weeks.  Till further orders of this Commission there shall be ad-interim stay of the execution of the impugned order subject to the appellant depositing 9% interest in terms of the order of the State Commission with the said Commission within four weeks from today.

5.         The Applicants/ Opposite Parties in compliance of the aforesaid order dated 07.07.2020 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, deposited an amount of Rs.9,96,272/- with this Commission by way of Demand Draft No.186998 dated 03.08.2020.

 

6.         Pertinently,  though vide order dated 28.3.2022, the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, dismissed the aforesaid Appeal filed by the Applicants/ Opposite Parties, but it reduced the interest rate from 9% to 6% p.a. payable as compensation for delay by the Opposite Parties to the Complainants. The relevant extract of the order dated 28.03.2022 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, is reproduced hereinbelow: -

 

“In view of the discussion above, we are of the considered view that the Order of the State Commission does not suffer from any illegality. We find that there is no merit in the Appeal as no question of law is involved. We, therefore, dismiss the Appeal and uphold the Order of the State Commission except for the interest rate which we reduce from 9% to 6% per annum as compensation for the delay payable by the Appellant/Builder to the Respondent/Complainant.”  

 

7.         Upon notice, the non-applicants/ Complainants hotly contested the misc. application, inter alia, pleading that the applicants/ Opposite Parties failed to interpret the order of the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, in its true perspective and still an amount of Rs.27,54,470/- is due to be paid by the applicants/ Opposite Parties.

 

8.         We have heard the learned counsel for the parties and gone through the record of the case with their able assistance.

 

9.         The Applicants/Opposite Parties have placed on record their calculation sheet and submitted that in terms of the final order dated 28.03.2022 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, the total amount payable to the Complainants came out to be Rs.7,14,181/- i.e. Rs.6,64,181/- payable as compensation @ 6% p.a. and Rs.50,000/- payable as compensation towards litigation cost etc. It has been submitted that since the Complainants had an outstanding amount of Rs.5,17,391/- payable towards the unit in question, therefore, the Opposite Parties after deducting Rs.5,17,391/- from Rs.7,14,181/- paid an amount of Rs.1,96,790/- to the Complainants vide Demand Drafts bearing No. 538585 and 538586 dated 23.06.2022 drawn on Yes Bank, New Delhi and the same was also communicated by the Opposite Parties to the Complainants vide letter dated 24.06.2022.

 

10.         This Commission observes that the order passed by this Commission and as modified by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, completely stands satisfied, as the Applicants/ Opposite Parties have paid the awarded amount to the Complainants as is apparent from the letter dated 24.06.2022 (Annexure A-5). In this backdrop, the objection taken by the non-applicants/ Complainants for not releasing the entire amount of Rs.9,96,272/- long with interest does not hold much water and is liable to be rejected.

 

11.         To our mind, there is no legal impediment, in allowing the application and releasing the amount of Rs.9,96,272/- deposited by the Applicants/ Opposite Parties with Commission vide Demand Draft No. 186998 dated 03.08.2020 in pursuance to the order dated 07.07.2020 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, along with the interest accrued on the said amount.

 

12.         As per office note, an amount of Rs.9,96,272/- is lying deposited with this Commission in the shape of Fixed Deposit Receipt and is available for payment.

 

13.         Accordingly, Secretary of this Commission is directed to get the aforesaid FDR liquidated and release an amount of Rs.9,96,272/- alongwith interest, if any, accrued thereupon in favour of the Applicants/Opposite Parties Company i.e. M/s Omaxe Chandigarh Extension Developers Pvt. Limited, subject to due verification and completion of all the codal formalities.

 

14.         Accountant of this Commission should ensure the correctness of the particulars of the cheque to be prepared in favour of the party concerned, before issuing the same, by tallying the particulars from the application.

 

15.         Needful be done at the earliest.

 

16.         Accordingly, this application stands disposed of.

 

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

 

18.         The file be consigned to Record Room, after completion.

Pronounced

04^th January, 2023                                                                          

Sd/-

                                                (RAJ SHEKHAR ATTRI)

PRESIDENT

 

Sd/-

                                                        (PADMA PANDEY)

MEMBER

 

Sd/-

                                                        (RAJESH K. ARYA)

MEMBER

 

Sd/-

                                                        (PREETINDER SINGH)

MEMBER

“Dutt”