Chandigarh

StateCommission

CC/197/2017

Vibhas Kaushal - Complainant(s)

Versus

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

Geeta Sharma, Adv.

01 Dec 2017

ORDER

The matter has amicably been settled between the parties. Sh.Munish Gupta, Advocate, Counsel for the Opposite Party states that for delay in handing over of possession w.e.f. 21.7.2015 till 17.08.2017 the Opposite Party shall pay interest @8% p.a. on the amount deposited by the complainant as on 21.07.2015.

                        The amount payable by the complainant as per offer of possession letter is in the sum of Rs.8,98,045.30, out of which, the complainant has already made part payment of Rs.5 lacs and the balance payable is Rs.3,98,045.30, which includes delayed interest in the sum of Rs.1,26,198/-.

                        Counsel for the Opposite Parties states that amount of interest of Rs.1,26,198/- was worked out at penal rate but now the Opposite Parties shall recalculate the amount @8% p.a. If on account of reduction in the delayed interest, there is any change in the amount of service tax, the excess amount of service tax, shall also be adjustable. After calculating the liability of both the parties in the aforesaid manner, the amount, which becomes due, shall be paid to the complainant on or before 07.02.2018.

                        In case the commitment made is not honoured by the Opposite Parties, the complainant shall be at liberty to file an execution application to get the order enforced.

                        In view of above settlement, the complaint stands disposed of.

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