NCDRC

NCDRC

MA/389/2022

M/S. OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED - Complainant(s)

Versus

SURESH PAL SAINI & ANR. - Opp.Party(s)

M/S. SUNIL MUND & ASSOCIATES

23 Jan 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 389 OF 2022
 
IN
FA/470/2020
1. M/S. OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED
...........Appellants(s)
Versus 
1. SURESH PAL SAINI & ANR.
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Appellant :
Mr. Sunil Mund and Mr. Kumar Ankit,
Advocates
For the Respondent :
Mr. Maibam N. Singh, Advocate proxy for
Mr. Deepak Aggarwal, Advocate

Dated : 23 Jan 2023
ORDER

MA 389 of 2022 (modification of order)

          By this Application, the Complainant/Respondent has sought correction in the “date of possession”.  It is submitted that the date of possession is 18.05.2019 but in the order dated 15.09.2022 passed by this Commission, it is inadvertently mentioned as 01.07.2018.

          Notice of this Application was issued to the Appellant.

          Learned Counsel appearing for the Appellant on instructions submits that there is a typographical mistake regarding the date of

-2-

possession in the order of this Commission.  It is submitted that the actual date of possession is 18.05.2019.

          In view of these submissions, the Application is allowed.  Direction issued by this Commission vide order dated 15.09.2022 stands modified to this effect

          With these directions, the Application stands disposed of.       

          Following is the Addendum directing to original order dated 15.09.2022:

ADDENDUM TO FINAL ORDER DATED 15.09.2022

 “In view of this, the direction No. (ii) is corrected and following directions be read as direction No. (ii) of the Impugned Order:-

 

(ii)    To pay compensation by way of interest at the rate of 9% per annum on the entire deposited amount to the Complainant from 08.01.2017 till 18.05.2019, the date when the possession was actually delivered, within a period of one month from the date of receipt of the certified copy of this Order failing which the said amount shall carry penal interest at the rate of 12% per annum instead of 9% per annum from the date of report till the date of payment.

 

Rest of the directions of the State Commission remains the same.”

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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