JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)

          After some arguments it has been agreed by the learned counsel for the parties that this complaint may be disposed of in terms of the order passed by this Commission on 23.4.2019 in CC/1712/2017  Amitava Shankar Guha Vs. M/s. Emaar MGF Land Ltd. & connected matters.   The learned counsel for the opposite party also submits that the OP will require some more time to obtain the requisite occupancy certificate in respect of the flat allotted to the complainant and therefore suitable time for this purpose may be given to the OP.

2.      He submits that the OP shall obtain the requisite occupancy certificate in respect of the flat subject matter of this complaint on or before 31.12.2019.

3.      The complaint is therefore disposed of with the following directions:

(i)      The opposite party shall complete the construction of the flat allotted to the complainant in all respects, obtain the requisite occupancy certificate at its own cost and responsibility and offer possession of the said flat to the complainant on or before 31.1.2020. 

(ii)      The complainant being a re-purchaser shall be entitled to compensation in the form of simple interest @ 8% per annum only with effect from 25.11.2013 till the date on which the possession in terms of this order is actually offered.  This is in view of the decision of the Hon’ble Supreme Court dated 10.05.2019 in DLF Homes Panchkula Pvt. Ltd. Vs. D.S. Dhanda, etc. etc. Civil Appeal Nos. 4910-4941/2019. 

(iii)     The OP shall pay compensation with effect from 25.11.2013, on the entire amount paid till that date. On the payment made thereafter, the compensation would be payable from the date of each payment till the date on which the possession is offered.

(iv)    The balance amount, if any, payable by the complainant to the OP shall be adjusted out of the compensation payable to him in terms of this order.  If after adjustment of the entire compensation payable in terms of this order, any amount still remains payable by the complainant,  that shall be paid to him within two weeks of receiving the offer of possession.  If after such adjustment, (if any), any amount remains payable by the OP to the complainant, towards compensation in terms of this order, that shall be paid to him while offering possession.

 (v)    The OP shall pay a sum of Rs.25,000/- as the cost of litigation to the complainant.

(vi)    If the order passed by this Commission in CC/664/2015 Kumar Rishabh & Anr. Vs. Emaar MGF Land Ltd. and CC/668/2015 Kumar Vaibhav & Anr. Vs. Emaar MGF Land Ltd. is set aside or modified by the Hon’ble Supreme Court in Dy. No. 7840 of 2018 Emaar MGF Land Ltd. Vs. Kumar Vaibhav & Anr., the order passed by the Hon’ble Supreme Court will ipso-facto apply to this consumer complaint and this complaint shall deemed to have been disposed of in terms of the said order of the Hon’ble Supreme Court.  If any amount becomes refundable by the complainant to the OP in terms of the order of the Hon’ble Supreme Court in Civil Diary No.7840 of 2018, the complainant will be liable to refund that amount to the OP along with simple interest & 8% per annum from the date of receipt of that amount by him till the date of its refund.