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

          The learned counsel for the parties agree after some arguments that this complaint may be disposed of in terms of the order dated 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 informs that the requisite occupancy certificate in respect of the flat allotted to the complainant has already been obtained by them during pendency of this complaint on 05.3.2019 and the opposite party is in a position to deliver possession of the allotted flat to the complainant.

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

          (i)      The opposite party shall deliver possession of the alltotted flat to the complainant, complete in all respects within six weeks from today.  The letter offering possession shall be issued to the complainant within two weeks from today.

          (ii)      The opposite party shall pay compensation in the form of simple interest @ 8% per annum to the complainant with effect from the committed date of possession i.e. 01.8.2013, till today.  This is considering that the possession of the allotted flat is yet to be offered.

(iii)     The compensation shall be payable with effect from 01.8.2013 on the entire amount paid till the committed date for delivery of possession.  On the payment made thereafter, the compensation would be payable from the date of payment till today.  

(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.