Chandigarh

StateCommission

CC/209/2018

Rakesh Sachdeva - Complainant(s)

Versus

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

Tushantdeep, Adv.

22 Feb 2019

ORDER

To purchase a plot bearing No.919 measuring 321.35 Sq. Yards, Buyer’s Agreement was signed between the parties on 07.03.2013. As per Clause 24(a) of the said agreement, possession was to be delivered, as interpreted by this Commission in various judgments, within 18 months with six months grace period i.e. 24 months, which came to an end on 06.03.2015. After waiting for some time, this complaint was filed and during proceedings, the complainant showed her inclination to get an alternate plot, which was shown to her and she ultimately selected plot bearing No.562 measuring 309 Sq. Yards (subject to measurement at the spot). It is stated that the said plot is preferentially located plot and for that, charges will be levied as per the rates existing, when the plot was allotted to the complainant i.e. on 07.03.2013 and she will pay the same as and when possession is delivered.

                   Sh. Munish Gupta, Advocate, Counsel for the opposite parties states that possession after development is likely to be delivered within next eight months. It has further been agreed between the parties that for the delay caused i.e. after the end date of 06.03.2015, on the amount paid by the complainant, up-to that date, the opposite parties will pay interest @8% p.a. (simple) by way of compensation and till the time possession is not delivered. The amount due as on today shall be paid in two bimonthly installments. The first half of the amount calculated up-to today shall be paid on or before 15.04.2019 and the remaining half shall be paid on or before 14.06.2019. If the amount is not so paid, the complainant shall be entitled to get interest @9% p.a. (simple) on the entire amount paid till the time of making the payment in the manner referred to above. From today i.e. 22.02.2019 onwards, on the amount deposited, compensation in the shape of interest shall be paid in the manner referred to above and the entire amount of due compensation shall be paid at the time of handing over of possession. If some amount is found due from the complainant, after adjusting the amount of compensation, the complainant will make payment of the balance amount alongwith charges as per the original agreement. Other terms and conditions of the original agreement signed between the parties shall remain applicable.

                   Accordingly, the complaint stands disposed of in the aforesaid terms.

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