Chandigarh

StateCommission

A/291/2015

Varun Mahajan - Complainant(s)

Versus

Ansal Lotus Melange Projects Pvt. Ltd. - Opp.Party(s)

Appellant in person

15 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Appeal No.	:	291 of 2015
Date of Institution	:	06.11.2015
Date of Decision	:	15.12.2015

 

 

Varun Mahajan s/o Sh. B. M. Mahajan, R/o H.No.355, Sector 9-D, Chandigarh.

……Appellant/Complainant.

 

Versus

Ansal Lotus Melange Projects Pvt. Ltd., SCO 183-184, Sector 9-C, Chandigarh.

….Respondent/Opposite Party.

 

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Varun Mahajan, appellant in person.

Sh. Gaurav Chopra, Advocate and Ms. Kashika Kaur, Advocate for the respondent.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

 

(ORAL)

 

 

            We have heard the appellant in person and Counsel for the respondent.

2.         It is an admitted fact that by 04.09.2012 i.e. cut-off date of giving possession of a built-up unit, the appellant/complainant had deposited an amount of Rs.8,78,853/-.

3.         In our opinion, the equities can better be settled, if the respondent/Opposite Party is directed to pay interest upon that amount of Rs.8,78,853/- for the period starting from 05.09.2012 up-to handing over of possession of the unit, @12% per annum (simple).

4.         The above proposal made is acceptable to both the parties.

5.         The order dated 30.09.2015 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’) is modified to the extent that instead of making payment of Rs.2 Lacs towards compensation, the appellant/complainant be paid interest on the amount deposited up-to 04.09.2012 i.e. Rs.8,78,853/-, @12% per annum (simple) till such time, possession of the unit, in question, is not handed over to him.

6.         It is also an admitted fact that after 04.09.2012, further amount has been deposited by the appellant/complainant, without getting an undertaking from the respondent/Opposite Party to handover possession of the unit, in question.

7.         Sh. Gaurav Chopra, Advocate, Counsel for the respondent/Opposite Party states that possession of the unit, complete in all respects, shall be handed over to the appellant/complainant within one year from today i.e. up-to 14.12.2016.

8.         To put up an end to the litigation, it is further directed that in case possession is not delivered by the respondent/Opposite Party by that time, on the entire amount deposited up-to 14.12.2016, interest shall be paid by the respondent/Opposite Party to the appellant/ complainant @12% per annum (simple) till such time, possession is handed over to him.

9.         Let the amount of interest from 05.09.2012 uptill today be calculated and paid to the appellant/complainant within a period of one month from today, failing which, the appellant/ complainant, in addition to above amount, shall be entitled to get compensation of Rs.50,000/- as a penalty.

10.        The order qua payment of litigation charges is maintained.

11.        With above modification, this appeal stands disposed of.

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

13.        File be consigned to the Record Room after completion.

Pronounced

December 15, 2015.

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 Sd/-

(DEV RAJ)

MEMBER 

 

Sd/-

(PADMA PANDEY)

      MEMBER

 Ad