Chandigarh

StateCommission

CC/276/2015

Baljinderjit Singh Walia - Complainant(s)

Versus

M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. - Opp.Party(s)

Mukand Gupta, Adv.

05 Sep 2016

ORDER

During pendency of this complaint, an attempt was made to get the matter settled.

                   On 13.06.2016 following order was passed by this Commission:-

“Both the Counsel for the parties have filed their calculation sheet(s), which are taken on record. Copies of the same have been supplied to each other.

                   “As per calculation submitted by the Counsel for the Opposite Parties, a sum of Rs.24,05,625.77 is due against the complainants, whereas, as per calculation now submitted by the Counsel for the complainants, the amount payable comes to Rs.20,57,616/-. Comparing both the calculation sheets, there is difference of Rs.3,48,009.77. Both the calculations include amount payable towards increased area.

 

                   Counsel for the parties seek time to reconcile the difference and pray for an adjournment.

 

                   Counsel for the complainants states that once the final amount is determined, the complainants can make the payment within a period of two weeks.

 

                   On request, the case is adjourned to 08.07.2016.”

 

                   We appreciate the stand taken by the Opposite Parties, to set aside cancellation of the flat, only on charging 12% interest.  It is apparent from record that as per calculations made, dispute remains only with regard to Rs.3,48,009.77. On the next date of hearing i.e. 08.07.2016, Counsel for the complainants states that let he be allowed to pay Rs.22 Lacs and upon doing so, let possession be delivered to the complainants. It is on record that amount was so deposited and possession was also handed over by the Opposite Parties to the complainants.

                   Today, we have rechecked the calculation sheets submitted by both the parties and are satisfied that instead of Rs.3,48,009.77, an amount of Rs.2,00,000/- is due from the complainants to the Opposite Parties. Let that amount be paid by the complainants to the Opposite Parties within two months from today. Upon the complainants doing so, the Opposite Parties will get the sale deed registered within two months thereafter. The payment of stamp duty or any other statutory charge, as chargeable under the statute, shall be borne by the complainants at the time of registration of sale deed. It is made clear that on payment of Rs.2,00,000/-, the Opposite Parties will not raise any other claim whatsoever under any pretext against the complainants except, which may become due after transferring the property in their favour as per the Buyer’s Agreement. If the order passed is not acceptable to the complainants, the Opposite Parties will be at liberty to get possession on returning Rs.22 lacs to the complainants and then both the parties can seek legal remedy, as per law.

                   In view of above, the complaint stands disposed of.

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