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Judgment
RA No.227 of 2023 (REVIEW)
RA no. 227 of 2023 seeks review of the Consumer Complaint no. 1336 of 2015 dated 22.06.2023 on the following grounds:
i. The impugned order has failed to consider the provisions for 90 days grace period for delivery of possession vide clause 7.1 of the Agreement dated 30.11.2007 executed between the parties; and
ii. The impugned order has awarded interest @ 9% per annum from the due date of possession till the date of offer of possession which is contrary to the decision of the Hon’ble Supreme Court in Wg Cdr Arifur Rahman Khan & Ors. Vs. DLF Southern Homes Pvt. Ltd. & Ors., CA Nos 6239 and 6303 of 2019 dated 24.08.2020.
The grounds of review have been considered. It is seen that there is an error apparent on the face of the record in that (i) the period of 90 days grace in the handing over of possession was inadvertently not considered although compensation for delay was considered as provided in Clause 7.1 of the Buyers Agreement and (ii) compensation was awarded @ 9% per annum whereas the order is for possession of the flat in question contrary to the law laid down in Wg Cdr Arifur Rahman Khan & Ors. (supra).
For the reasons mentioned above, the RA is allowed. Paragraph 15 of order dated 22.06.2023 in CC no.1336 of 2015 is amended to read as under:
i. The opposite party is directed to compensate the complainants for the delay in the offer of possession by way of interest @ 6% p.a. from 28.05.2011, the date of promised possession till 29.12.2015, the date of offer of possession;
ii. From the compensation for delay, Rs 11,64,309/- and Rs.1,48,820/- offered by the opposite party as per the agreement shall be adjusted in the final amount of compensation arrived at under the respective heads;
iii. The complainant shall pay the opposite party the charges for the finalized super area as per the demand letter dated 03.06.2015; and
iv. This order shall be complied with within 2 months failing which the amount shall be paid by the opposite party with interest @ 9% p.a. till realization.