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Judgment
RA No.178 of 2022 (REVIEW)
This review application no. 178 of 2022 has been filed by the opposite party against order dated 13.07.2022 in CC no. 322 of 2019 wherein the opposite party has prayed to (i) Correct/ modify para 2 of order dated 13.07.2022 to the extent of correcting the date of offer of possession to 07.09.2016; (ii) clarify that the delay compensation would be payable only till 07.09.2016; (iii) correct/ modify para 7 (v) to reflect the date from which compensation would be payable as on 06.07.2013; and (iv) pass or grant such other interim relief/ order/ direction as this Hon’ble Commission may deem fit and proper in interest of justice.
From the record, it is seen that the date of offer of possession mentioned in the impugned order was 21.12.2017 which was as not per the letter of offer of possession dated 12.01.2017 filed by the complainant in his complaint wherein it was mentioned that:
“This is to inform you that at your request, we have arranged to hand over physical possession of the said property to you on or before 12.02.2017.
This is subject to your providing an indemnity cum undertaking that you shall purchase the stamp duty at the applicable rate towards registration of conveyance deed and shall be responsible for getting the registration of the conveyance deed within reasonable time and also shall pay all other costs/ charges associated with the registration of the conveyance deed. Company shall provide all reasonable assistance in this regard and the draft of the conveyance deed shall be provided at the time of registration”.
Therefore, the date of offer of possession mentioned as 12.01.2017 in the impugned order was incorrect. Hence, there is an error apparent on the face of the record which shall stand corrected.
The opposite party has also prayed to modify the impugned order in paragraph 7 (v), which states that:
“……………….that the opposite party shall pay the compensation in the form of simple interest @ 6% per annum to the complainant from the date of purchase by the complainant, i.e., 06.07.2010 till the date on which the possession was actually offered to the complainant”.
However, the promised date of possession in this case was 06.07.2013. On perusal of the records, it is seen that this is an error on the face of the record. Paragraph 7 (v) of the order dated 13.07.2022 needs to be corrected to read as under:
“……………..the opposite party shall pay the compensation in the form of simple interest @ 6% per annum to the complainant from the promised date of possession to the complainant i.e., 06.07.2013 till the date on which the possession was actually offered to the complainant”.
Therefore, the review application no. 178 of 2022 is allowed and the error on the face of record shall stand corrected and paragraph 7 (v) of the order shall read as stated in paragraph 4 above.