This appeal is directed against the order of the State Commission dated 8.9.2017 whereby the State Commission disposed of a consumer complaint instituted by the respondent in terms of its earlier judgement dated 21.4.2017 in Dharamjeet Taunque Vs. M/s. Omaxe Chandigarh Extension Developers Pvt. Ltd. in CC N.189 of 2016.
2. In Dharamjeet Taunque (supra) the State Commission had directed delivery of possession of the allotted unit to the concerned complainant complete in all respects alongwith execution and registration of the sale deed within one month of the delivery of possession. Compensation by way of interest @ 12% p.a. from November, 2015 to 30.4.2017 was also directed by the State Commission in Dharamjeet Taunque (supra). The operative part of the above referred order read as under:
15. For the reasons recorded above, the complaint is partly accepted, with costs, in the following manner. The Opposite Party is directed as under :-
(i) To hand over physical possession of the unit, allotted in favour of the complainants, complete in all respects, as per the terms and conditions of the Agreement, to the complainants, within a period of four months, from the date of receipt of a certified copy of this order, on payment of the amount, legally due against them.
(ii) To execute and get registered the sale deed, in respect of the unit, in question, within one month from the date of handing over possession, as indicated in Clause (i) above, on payment of registration charges and stamp duty etc. by the complainants.
(iii) To pay fine/compensation, by way of interest @12% p.a., on the deposited amount, to the complainants, from November, 2015 to 30.04.2017, within two months, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry penal interest @15% p.a. instead of 12% p.a., till realization.
1. To pay fine/compensation by way of interest @12% p.a. on the deposited amount, due to the complainants w.e.f. 01.05.2017, onwards (per month), by the 10th of the following month, failing which, the same shall also carry penal interest @15% p.a., instead of 12% p.a., from the date of default, till payment is made. This amount of penalty shall be paid in this manner till actual delivery of possession.
2. To pay compensation, in the sum of Rs.1 lac, on account of mental agony and physical harassment, caused to the complainants, within two months from the date of receipt of a certified copy of this order, failing which, the same shall carry interest @12% p.a., from the date of filing the complaint till realization.
3. To pay cost of litigation, to the tune of Rs.25,000/-, to the complainants, within two months from the date of receipt of a certified copy of this order, failing which, the same shall also carry interest @12% p.a., from the date of filing the complaint till realization.
3. During pendency of this appeal, the requisite occupancy certificate in respect of the flat allotted to the complainant was obtained by the appellant on 16.12.2017. The possession was then offered to the complainant vide letter dated 20.1.2018.
4. The complainant who is present in court submits that though the possession was offered to him on 20.1.2018 but the flat was not complete in all respects and that is why he could not take possession immediately thereafter. He submits that the possession was taken by him on 21.5.2018 when the construction was completed. The learned counsel for the appellant, on the other hand, submits that the construction of the flat was complete in all respects at the time of possession was offered to the complainant on 20.1.2018 and he has delayed in taking possession of the flat which had allotted to him by the appellant.
5. It is not possible for this Commission to adjudicate upon the rival contentions in the appellate proceedings . The appropriate course of action therefore would be to grant liberty to the complainant to take such action as may be open to him in law for the alleged delay between 20.1.2018 when the possession was offered to him. It is pointed out that at the time when joint inspection was carried out on 20.1.2018, the complainant had raised only two grievances, the first grievance was that the lift had not been installed whereas the second grievance was that the work was still going on in the adjoining area. Thus, no defect or deficiency in the allotted flat was pointed out by the complainant. The flat allotted to him is an upper ground floor flat. Be that as it may, if the complainant has any grievance with respect to the delay after 20.1.2018, he must necessarily espouse the said grievance by way of filing a separate consumer complaint the said grievance being outside the scope of the consumer complaint which he had instituted before the State Commission.
6. Since the possession of the allotted unit has been delivered to the complainant, the compensation by way of interest awarded to him by the State Commission is excessive and cannot be justified. Considering all the facts and circumstances of the case, the complainant/respondent in my opinion should get compensation in the form of simple interest @ 8% p.a. from the committed date of delivery of possession till 20.1.2018 when the possession was offered to him by the complainant.
7. For the reasons stated above, the appeal stands disposed of with the direction that the appellant shall pay an all inclusive compensation in the form of simple interest on the entire amount received from the complainant till the date committed for the delivery of possession @ 8% p.a. to the
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complainant/respondent with effect from the committed date of delivery of possession till 21.1.2018 within two months from today alongwith Rs.25,000/- as cost of litigation. The amount which the appellant has deposited with this Commission be released to the complainant if the said amount is less than or equal to the compensation and cost of litigation payable to the complainant in terms of this order. In case, the said amount is more than the compensation and cost of litigation payable to the complainant in terms of this order, the excess amount shall be released to the appellant. 8. The appeal stands disposed of.