Chandigarh

StateCommission

A/256/2016

Vikrant Duggal & Others - Complainant(s)

Versus

Unitech Limited & Others - Opp.Party(s)

H.S. Saini Adv.

16 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UT CHANDIGARH
 
First Appeal No. A/256/2016
(Arisen out of Order Dated 09/08/2015 in Case No. CC/835/2015 of District DF-I)
 
1. Vikrant Duggal & Others
ut
...........Appellant(s)
Versus
1. Unitech Limited & Others
ut
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Jasbir Singh PRESIDENT
  DEV RAJ MEMBER
  PADMA PANDEY MEMBER
 
For the Appellant:
Sh. Vikrant Duggal, appellant No.1 in person and also on behalf of appellant No.2.
 
For the Respondent:
Respondents No.1 and 2 exparte vide order dated 27.10.2016.
 
Dated : 16 Nov 2016
Final Order / Judgement

This appeal has been filed against order dated 09.08.2016 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short ‘the Forum’) granting following relief to the appellants/complainants:-

“18.        In the light of the aforesaid discussion, the present consumer complaint deserves to succeed. The same is accordingly partly allowed. The OPs are jointly and severally directed as under:-

(i)     To pay to the complainants charges @Rs.5/- (Rupees five only), per sq. ft. per month of the saleable area of the floor in question, from 6.11.2012 (i.e. after completion of 36 months from the date of execution of the Buyer’s Agreement), as per Clause 4.c of the said Agreement, till the possession is delivered to the complainants, alongwith interest @9% per annum from the date penalty for each month w.e.f. 6.11.2012 became due.

(ii)    To pay Rs.50,000/- as compensation to the complainants for the unfair trade practice and harassment caused to them

(iii)   To also pay a sum of Rs.11,000/- to the complainants as litigation expenses.  

19.        This order be complied with by the OPs within two months from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.”

                    Sh. Vikrant Duggal, appellant No.1, who is present in person, states that let a specific date be given, by which, the amount is to be paid. As per prayer made, we clarify that the order passed by the Forum would mean to direct the respondents/Opposite Parties to calculate and make payment of compensation w.e.f. 06.11.2012, which had already accrued up-to 30.11.2016, with interest, in terms of order passed by the Forum on 09.08.2016 within 30 days from today. Thereafter, they shall pay compensation amount for each month with interest as ordered by the Forum by 15th of following month, till possession is delivered, failing which, the consequences will follow as per order passed by the Forum.

                    With the above said clarification, this appeal stands disposed of.

                    Certified copies of the order be sent to the parties free of charge.

 
 
[HON'BLE MR. JUSTICE Jasbir Singh]
PRESIDENT
 
[ DEV RAJ]
MEMBER
 
[ PADMA PANDEY]
MEMBER

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