This first appeal has been filed by M/s Omaxe Chandigarh Extension Developers Pvt. Ltd., and Ors., against the judgment dated 10.06.2019 of the State Consumer Disputes Redressal Commission, U T Chandigarh (‘the State Commission’) in Complaint Case no. 282 of 2018, wherein the State Commission has passed the following order:

1. To hand over actual physical possession of the plot, in question, to the complainant within a period of four months from the date of receipt of certified copy of this order, complete in all respects, after obtaining necessary completion certificate, from the competent authorities on receipt of legally due amount from him (complainant);

2. To execute and get registered the sale deed, in respect of the plot, in question, in favour of the complainant, within two months, from the date of handing over possession, as indicated in Clause (i) above, on payment of registration and stamp duty charges, by him to the registering authorities;

3. To pay compensation, by way of interest @ 12% per annum, on the entire deposited amount, to the complainant, from 21.08.2015 (promised date) to 31.05.2019, within two months from the date of receipt of certified copy of this order, failing which, the said amount shall carry penal interest @ 15% per annum instead of 12% per annum till realisation;

4. To pay compensation by way of interest @12% per annum on the entire deposited amount, w.e.f.01.06.2019, onward (per month) till actual delivery of actual physical possession of the plot, by the 10^th of the following month, failing which, the same shall also carry penal interest @ 15% per annum instead of 12% per annum from the date of default, till payment is made;

5. To pay compensation, in the sum of Rs.1.50 lakh on account of mental agony, physical harassment caused to the complainant, deficiency in providing service and adopting unfair trade practice, within two months fromthe date of receipt of a certified copy of this order, failing which the same shall carry interest @ 12% per annum from the date of filing this complaint till realisation;

6. To pay cost of litigation, to the tune of Rs.35,000/- to the complainant, within two months from the date of receipt of certified copy of this order, failing which the same shall also carry interest @ 12% per annum from the date of filing this complaint till realisation.

2.     It is seen that there is a delay of 72 days in filing the appeal. The delay is condoned at a cost of Rs.25,000/- to be paid by the appellant to the respondent.

3.     Both the learned counsels have settled the matter and have filed a joint application for settlement. It is stated that for the alternate plot no. 1083 in the said project the complainant will pay net amount of Rs.70,03,627/- which will be accepted by the appellant/ opposite party. The balance amount will be paid on or before 30^th April 2020. The appellant will hand over the possession of the said plot within a period one week on the receipt of the amount.

4.     It is also mentioned that the issue of interest shall be decided by this Commission and will be accepted by both the parties. In this regard, both the learned counsels have stated that there is no provision in the agreement for delayed compensation, if the possession is delayed. In these circumstances, interest of 7% per annum on the amount paid by the complainant shall be reasonable. Accordingly, the order of the State Commission directing the appellant to pay interest @ 12% per annum shall be substituted by 7% per annum interest.

5.     With these observations, FA no. 1966 of 2019 stands disposed of.