Tribunals and CommissionsSingle Bench(2023) 01 NCDRC CK 0110

M/s Omaxe Chandigarh Extension Developers Private Limited vs Suresh Pal Saini & Anr

National Consumer Disputes Redressal Commission · Decided on 23 January 2023

HON’BLE JUDGES
Deepa Sharma, Presiding Member
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Application No. 389 Of 2022 In FA No. 470 Of 2020

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Judgment

12 paragraphs · 261 words

Deepa Sharma, Presiding Member

MA 389 of 2022 (modification of order)

By this Application, the Complainant/Respondent has sought correction in the “date of possession”.  It is submitted that the date of possession is 18.05.2019 but in the order dated 15.09.2022 passed by this Commission, it is inadvertently mentioned as 01.07.2018.

Notice of this Application was issued to the Appellant.

Learned Counsel appearing for the Appellant on instructions submits that there is a typographical mistake regarding the date of possession in the order of this Commission.  It is submitted that the actual date of possession is 18.05.2019.

In view of these submissions, the Application is allowed.  Direction issued by this Commission vide order dated 15.09.2022 stands modified to this effect

With these directions, the Application stands disposed of.

Following is the Addendum directing to original order dated 15.09.2022:

ADDENDUM TO FINAL ORDER DATED 15.09.2022

“In view of this, the direction No. (ii) is corrected and following directions be read as direction No. (ii) of the Impugned Order:-

(ii)    To pay compensation by way of interest at the rate of 9% per annum on the entire deposited amount to the Complainant from 08.01.2017 till 18.05.2019, the date when the possession was actually delivered, within a period of one month from the date of receipt of the certified copy of this Order failing which the said amount shall carry penal interest at the rate of 12% per annum instead of 9% per annum from the date of report till the date of payment.

Rest of the directions of the State Commission remains the same.”