Chandigarh

StateCommission

CC/259/2015

Deepak Chhabra - Complainant(s)

Versus

M/s Omaxe Chandigarh Extension Developers Private Limited - Opp.Party(s)

Savinder Singh Gill, Adv.

10 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                            

Complaint Case No.	:	259 of 2015
Date of Institution	:	02.11.2015
Date of Decision	:	10.02.2016

 

Deepak Chhabra S/o Sh. Baldev Raj Chhabra R/o #244, Mahesh Nagar, Ambala Cantt., Haryana, currently residing in 34106, DeerTrail, Alpharetta, Georgia – 30004, United States of America.

 

……Complainant.

Versus

M/s Omaxe Chandigarh Extension Developers Private Limited, SCO 143-144, Sector – 8C, Chandigarh through its Managing Director/Authorized Signatory.

 ....Opposite Party.

 

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

                SH. DEV RAJ, MEMBER.

                MRS. PADMA PANDEY,MEMBER.

                               

Argued by:

 

Sh. Savinder Singh Gill, Advocate for the complainant alongwith Sh. Deepak Chhabra, complainant in person.

Sh. Munish Gupta, Advocate for the Opposite Party.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

            At the time of hearing, consensus has arrived at between the parties.

2.         It is stated by Sh. Munish Gupta, Advocate, Counsel  for the Opposite Party that in lieu of Plot bearing No.995 measuring 321.35  Sq. Yards in Phase-II of project known as ‘Omaxe Chandigarh Extension”, Mullanpur, the Opposite Party shall hand over to the complainant possession of the plot bearing No.OCE/47 (Corner West Facing), measuring 301.39 Sq. Yards in Phase-III of the said project. It is further stated by Sh. Munish Gupta, Advocate that for the difference in area, benefit will be given to the complainant on the same rate at which the plot was sold. The amount, so calculated, approximately comes to Rs.3,31,615.44Ps. The said amount will be adjusted towards the original price of the plot. It is further agreed that over and above the aforesaid settlement, the Opposite Parties shall make payment of an amount of Rs.3,00,000/- as compensation plus Rs.25,000/- towards litigation expenses i.e. total amount of Rs.3,25,000/-. The amount of difference in price and the compensation amount including litigation expenses shall be adjusted against the balance price of the plot if any and balance amount will be paid within one month from today to the complainant. Possession of the developed plot will also be delivered to the complainant within five weeks from today. For registration etc., statutory charges will be borne by the complainant.

3.         In view of the above settlement, the complaint has become infructuous and the same is disposed of accordingly. 

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

5.         File be consigned to record room, after completion. 

Pronounced.

10th February 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

MEMBER 

 

 

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