NCDRC

NCDRC

RP/1714/2014

ANSAL HOUSING & CONSTRUCTION LTD. - Complainant(s)

Versus

WING CDR. SUDHIR MOHAN - Opp.Party(s)

M/S. N.K. KANTAWALA & ASSOCIATES

01 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1714 OF 2014
 
(Against the Order dated 09/01/2014 in Appeal No. 1854/2005 of the State Commission Uttar Pradesh)
1. ANSAL HOUSING & CONSTRUCTION LTD.
THROUGH ITS ASSISTANT GENERAL MANAGER, 15 UF INDRAPRAKASH 21, BARAKHAMBA ROAD,
NEW DELHI - 110 001
...........Petitioner(s)
Versus 
1. WING CDR. SUDHIR MOHAN
S/O SHRI R.S UPADHAYA, R/O D-124, SOUTH CITY, RAIBAREILLY ROAD,
LUCKNOW
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.N.K. Kantawala and Mr.Akash Dey,
Advocates
For the Respondent :
In person (on caveat)

Dated : 01 Jul 2014
ORDER

          After addressing us for some time and having failed to convince us that the demand of additional amount of `65,000/- from the complainant as a pre-condition for execution of conveyance deed in his favour was justified, learned counsel appearing for the petitioner seeks leave to withdraw the Revision Petition.

          Though we accede to the prayer for dismissal of the Revision Petition as withdrawn, but having regard to the fact that the possession of the subject property, allotted to the complainant on 12.4.1989, was to be delivered sometime in the year 1994 and the order passed by the District Forum, directing the petitioner to execute the sale deed and deliver possession of the property was made as far back as on 15.9.2005, we direct the petitioner to pay to the complainant a sum of `1,00,000/- (Rupees one lakh only) as compensation for causing unnecessary harassment to him on account of delay in handing over of the possession and in prosecuting the case.    We may note that on account of inordinate delay in execution of the sale deed, the complainant may have to pay higher amount of Stamp Duty at the time of Registration of the said document.  The said amount (Rupees one lakh only) shall be paid to the respondent within four weeks from today.

          Learned counsel for the petitioner states, on instructions, that the Conveyance Deed in favour of the complainant shall be executed within 30 days of the complainant’s supplying to the petitioner the requisite stamp papers for the said purpose.

          Revision Petition stands dismissed as withdrawn.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER

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