NCDRC

NCDRC

CC/512/2015

SUNDEEP MADAN - Complainant(s)

Versus

M/S. UNITECH LTD. - Opp.Party(s)

M/S. MAHAJAN & CO.

29 Jul 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 512 OF 2015
 
1. SUNDEEP MADAN
Ramesh Chander R/o. E-102, Sujjan Vihar, Sector - 43,
Gurgaon
Haryana - 122 002.
...........Complainant(s)
Versus 
1. M/S. UNITECH LTD.
Through Its Managing Director and Director, R/o. 6, Community Centre, Saket,
New Delhi - 17.
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER

For the Complainant :
Mr. Sudhir Mahajan, Advocate
For the Opp.Party :
Mr. Sahil Sachdeva, Advocate

Dated : 29 Jul 2016
ORDER

After some arguments, the learned counsel for the complainant states on instructions from the complainant, who is present in the Court that in order to avoid any further litigation in the matter, the complainant is ready to accept the compensation at the rate offered by the opposite party vide its letter dated 20.4.2015 addressed to him.  He has further pointed out that as per the above referred letter, the opposite party has promised possession of the flat to the complainant by 31.08.2016, coupled with compensation @ Rs.17/- per sq. ft. with effect from 01.09.2016.

          Thus the only question which survives for consideration is as to whether, for the period from the committed date of possession till 31.8.2016, the complainant is entitled to compensation @ Rs.5/- per sq. ft. of the super area as per Clause 4C(ii) of the Buyers Agreement or he is entitled to a higher compensation.

2.      The learned counsel for the complainant states that though this Commission has been awarded much higher compensation, the complainant is ready to accept compensation even upto 31.8.2016 @ Rs.17/- per sq. ft.  In my view, the concession made by the complainant being significant, there is no reason why the opposite party should not pay the compensation offered vide its letter dated 20.4.2015, for the entire period commencing from the committed date of possession till possession of the flat is actually offered to the complainant after completing the construction in all respects and obtaining the requisite occupancy certificate.  The complaint is therefore disposed of with the following directions:

  1. The opposite party shall complete construction of the flat allotted to the complainant in all respects, obtain the occupancy certificate and offer possession to him or before 31.3.2017;

  2. The opposite party shall pay compensation @ Rs.17/- per sq. ft. of the super area per month to the complainant with effect from 01.03.2012, the committed date for offering possession, till the date of possession, in terms of this order, is offered to him;

  3. If the opposite party fails to comply with this direction, the complainant shall be entitled to seek execution under Sections 25 and 27 of the Consumer Protection Act.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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