JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Learned counsel for the parties present.  Arguments heard.

2.      Local Commissioner has filed the report, which goes to show that house in question is not habitable.  Learned counsel for OPs submits that 45 days should be granted so that the house in question will be made habitable.  It is also transpired that the OPs have not given fee to the Local Commissioner.  Learned counsel for OPs states that he will take 7 to 10 days for paying the fee to the Local Commissioner.  Consequently, the fee is enhanced from Rs.25,000/- to Rs.35,000/-.  If the fee is not paid to the Local Commissioner within one week from today, it will further carry penalty of Rs.5,000/- per day till the fee is paid to the Local Commissioner.  Local Commissioner may execute this order as per law.

3.      In the interest of justice, I hereby grant 45 days’ time to the OPs to handover the possession of the habitable premises to the complainant.  The OPs are further directed to file photographs of the house in question

after the expiry of 45 days.  In case, the flat is not handed over to the complainant within 45 days, penalty of Rs.5,000/- per day will be paid to

the complainant till the flat is handed over to their satisfaction.  I further grant interest @ 12% per annum from the date of expiry of 36 months from 17.10.2012 till the flat is handed over to the complainant.  I also award a sum of Rs.25,000/- as litigation charges to the complainant, which be paid within 45 days, otherwise, it will carry interest @9% per annum till its realisation.  The service tax charged prior to 12.7.2012 be also refunded without any interest.  This order has become decree. If any party has any grievance, it can approach this Commission in execution petition.   

          The matter stands disposed of.