At, National Consumer Disputes Redressal Commission NCDRC
By, THE HONOURABLE MR. PREM NARAIN
By, PRESIDING MEMBER & THE HONOURABLE MR. C. VISWANATH
For the Complainants: Sushil Kaushik, Manoj Yadav, Advocates. For the Opposite Parties: Prabhakar Tiwari, Advocate.
These three consumer complaints have been filed by the complainants who are the allottees in the same project of the opposite party. The prayer in the complaint is to direct the opposite party to hand over the possession and pay compensation for the delayed possession. Learned counsel for the complainant states that this Commission has already decided similar matter in Mallika Raghavan vs Parsvnath Developers Limited (CC no. 127 of 2017) decided on 19th April 2018. This case was also in respect of same project and facts more or less similar to the present complaint. Learned counsel for the complainants requests that similar order may be passed in these complaint cases and he also agrees that compensation be granted only upto the date when the fit out possession was taken by these complainants.
2. On the other hand, the learned counsel for the opposite party states that he also agrees with the judgment of this Commission in Mallika Raghavan vs Parsvnath Developers Limited (Supra) and he is ready to pay interest @ 8% per annum till handing over the possession which has been already given to the complainants in the year 2017. He further states that he will be obtaining the occupancy certificate within a period of six months.
3. Accordingly, the following orders are passed in these complaints:
1. The complaints are allowed and the opposite party is directed to hand over the possession complete in all respect as per the builder-buyer agreement within a period of six months after obtaining the occupancy certificate.
2. As the fit out possession has already been handed over to the complainants in the year 2017 and it has been agreed by both the parties that compensation @ 8% per annum interest on the deposited amount before the due date of possession will be given only upto the date of fit out possession, the OP is directed to pay interest @ 8% per annum on the
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deposited amount before the due date of possession from the agreed due date of possession till the date of fit out possession. 4. With these directions, CC nos. 703, 704 and 705 of 2017 are disposed of.