Chandigarh

StateCommission

A/8/2016

Ansal Lotus Melange Projects Pvt. Ltd. - Complainant(s)

Versus

Baljeet Sandhu - Opp.Party(s)

Gaurav Chopra, Adv.

11 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Appeal No.	:	8 of 2016
Date of Institution	:	07.01.2016
Date of Decision	:	11.02.2016

 

1. Ansal Lotus Melange Projects Pvt. Ltd., Registered Office at 1/18B, Asaf Ali Road, New Delhi – 110002 through its Authorised Signatory.
2. Ansal Lotus Melange Projects Pvt. Ltd., Regional Office at SCO No.183-184, Sector 9-C, Chandigarh, through its Authorised Signatory.

……Appellants/Opposite Parties.

Versus

Baljeet Sandhu wife of Sh.Jatinder Kumar resident of House No.318, Phase I, Mohali.

….Respondent/Complainant.

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

                SH. DEV RAJ, MEMBER.

Argued by:

 

Sh. Gaurav Chopra, Advocate for the appellants.

Sh. Ravinder Pal Singh, Advocate for the respondent.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

                    The matter has amicably been settled between the parties.

2.         Sh. Gaurav Chopra, Advocate, Counsel  for the appellants states that as a goodwill gesture, to settle dispute as one time measure, without any precedent, that the appellants shall not charge towards areas, which fall under external services i.e. underground water tank, electricity sub-station, pump room, STP, Exhaust & fresh air shaft, generator flue shaft frame, guard room, meter room isolator and driver room, from the complainant/respondent in this case.

3.         To the proposal made, Counsel for the respondent has raised no objection. He states that after excluding that area, for rest of the area, the appellants shall not make refund and rest of the amount be paid.

4.         As per facts, it was case of the respondent/complainant that at the time of handing over of possession, an amount of Rs.2,97,355/- was got paid by the appellants wrongly by alleging that additional area of 153 Sq. ft.  has been given to the respondent/complainant.

5.         We have seen the reports made by the contending Local Commissioners.

6.         In the present case, if the area meant for external services, as stated above, is deducted from 153 Sq. Ft. area, the appellants shall refund amount for area measuring 52.186 Sq. ft. @Rs.1885.24 per Sq. Ft. with interest @8% per annum (simple) from the date of handing over of possession plus Rs.10,000/- towards litigation expenses. Let the amount be calculated and repaid to the respondent/complainant within a period of 30 days from today, failing which, the respondent/complainant shall be entitled to get interest @15% per annum (simple) from the date of default till realization of the amount.

7.         In view of above, the appeal stands disposed of.

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

9.         File be consigned to the record room, after completion.

Pronounced

February 11, 2016.                                      

                       

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

Rb/AD