NCDRC

NCDRC

FA/102/2017

OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD. & ANR. - Complainant(s)

Versus

ANKUR GUPTA - Opp.Party(s)

MR. SOUMYAJIT PANI

04 May 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 102 OF 2017
 
(Against the Order dated 22/11/2016 in Complaint No. 309/2016 of the State Commission Chandigarh)
1. OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD. & ANR.
THROUGH ITS SENIOR GENERAL MANAGER, SCO 139-140, SECTOR 8-C, MADHYA MARG,
CHANDIGARH
2. OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT LTD.,
THROUGH ITS MANAGING DIRECTOR, 10- LOCAL, SHOPPING COMPLEX, KALKAJI,
NEW DELHI-110019
...........Appellant(s)
Versus 
1. ANKUR GUPTA
S/O. AHRI NARESH GUPTA, C-89, OLD DLF COLONY, SECTOR-14,
GURGAON
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Appellant :
Mr. Soumyajit Pani, Advocate
For the Respondent :
Mr. Sushil Kaushik, Advocate
Ms. Himanshi Singh, Advocate with Mr. Ankur Gupta

Dated : 04 May 2017
ORDER

The Vakalatnama on behalf of the complainant shall be filed in the course of the day.

I have heard the learned counsel for the parties. A limited notice confined to the extent of compensation was issued in this matter vide order dated 23.2.2017. The learned counsel for the complainant/respondent states, on instructions, that in order to avoid any further litigation in the matter, the respondent complainant is ready to accept the possession of the flat complete in all respects along with compensation in the form of simple interest @ 8% p.a. from 25.9.2015 till the date on which the possession of flat complete in all respects is delivered to him. He also makes it clear that the appellant must possess requisite Occupancy Certificate in respect of flat in question before possession is delivered. The appeal is therefore disposed of with the following directions:-

  1. The appellant shall complete the construction of the flat in all respects, obtain the Occupancy Certificate in respect of flat in question unless already obtained and deliver its possession to the complainant at the earliest possible and in any case within six months from today.

  2. The appellant shall pay compensation in the form of simple interest @ 8% p.a. from 25.9.2015 till the date on which the possession in terms of this order is actually delivered to the complainant.

  3. The amount of compensation shall be adjusted in the amount outstanding against the complainant in respect of flat in question and the balance amount shall be paid by the complainant to the appellant, on demand being made after adjustment of compensation but before taking delivery of possession.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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