Chandigarh

StateCommission

A/269/2015

Ansal Lotus Melange Projects Ltd. - Complainant(s)

Versus

Sahil Kapoor - Opp.Party(s)

Gaurav Chopra & Anurag Chopra, Adv.

14 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Appeal No.	:	269 of 2015
Date of Institution	:	21.10.2015
Date of Decision	:	14.01.2016

 

Ansal Lotus Melange Projects Pvt. Ltd., Regional Office at SCO No.183-184, Sector 9-C, Chandigarh through its Authorized Signatory.

……Appellant/Opposite Party.

Versus

1.    Sahil Kapoor
2.    Kranti Kapoor wife of Sh.Sahil Kapoor

Both residents of House No.252, United Cooperative Society, Sector 68, Mohali.

….Respondent/Complainant.

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

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

 

Argued by:

 

Sh. Gaurav Chopra, Advocate for the appellant.

Sh. Rajinder Singh Raj, Advocate for the respondents.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

                    In this case, the matter has amicably been settled between the parties.

2.         Sh. Gaurav Chopra, Advocate, Counsel  for the appellant on getting instructions on telephone from the appellant states that as a goodwill gesture, to settle dispute as one time measure, without any precedent, that the appellant 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 complainants/respondents in this case.

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

4.         As per facts, it was case of the respondents/complainants that at the time of handing over of possession, an amount of Rs.3,21,045/- was got paid by the appellant wrongly by alleging that additional area of 153 Sq. ft.  has been given to the respondents/complainants.

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 appellant shall refund amount for area measuring 52.186 Sq. ft. @Rs.2,098.36 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 respondents/complainants within a period of 30 days from today, failing which, the respondents/complainants 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.

Pronounced

January  14, 2016.                                      

                       

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

Rb/AD