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Judgment
V.K.Jain, J
The complainant / respondent booked a residential flat with the appellant in a project, namely, 'Silver City Themes', which the appellant was to develop in Mohali. On deposit of Rs.1,82,000/- by the respondent, a residential flat in the proposed project was allotted to her and she executed an agreement dated 22.5.2006 with the appellant. No particular time period was stipulated in the said agreement for delivery of possession but the sale consideration was payable in instalments, by 31.7.2007. The possession of the allotted flat however, was not delivered to the complainant and thereafter the appellant changed the allotment made to her and also rescheduled the payment plan. A second agreement was executed between the parties on 6.2.2010 and it was stipulated in the said agreement that the possession would be delivered by September, 2010. This is evident from the stipulation whereby the complainant was required to pay "Rs.91,000/- at the time of possession by September 2010". The possession having not been offered to her, the complainant approached the concerned State Commission by way of a consumer complaint seeking possession of the allotted flat along with compensation etc.
The complaint was resisted by the appellant which admitted the agreements with the complainant as well as the payment received from her. Vide impugned order dated 7.8.2017, the State Commission directed as under:-
"(i) Complainant is directed to make the payment of sale consideration of the balance amount of Rs.94,000/- to the Opposite parties No.1 & 2,within a period of one month from the date of receipt of a certified copy of the order.
(ii) Opposite parties No.1 & 2 shall jointly and severally hand over the legal physical possession of the unit, in question, within a period of four months, to the complainant from the date of receipt of a certified copy of this order, on payment of the legally due amount by the complainant
(iii) Opposite parties No.1 & 2 shall jointly and severally execute the sale/conveyance deed and get it registered in the name of the complainant after handing over the actual physical possession of unit in question, within a period of one month thereafter. The stamp duty, registration charges and all other incidental and legal expenses for execution and registration of sale deed shall be borne by the complainant.
(iv) To pay compensation, by way of interest @12% p.a., on the deposited amount to the complainant, for the period from 31.07.2007 to 31.07.2017, within 45 days, 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., from the date of default, till realisation.
(v) To pay compensation by way of interest @12% p.a. on the deposited amount, due to the complainant w.e.f. 01.08.2017, onwards, (per month), till possession is delivered, 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. This amount shall be paid continuously as ordered above till the possession is actually delivered.
(vi) Opposite Parties No. 1 & 2 are further jointly and severally, directed to pay compensation, in the sum of Rs.2.00 lacs (two lacs) for causing mental agony and physical harassment, to the complainant, within two months from the date of receipt of a certified copy of this order.
(vii) Opposite Parties No. 1 & 2 are further jointly and severally, directed to pay cost of litigation, to the tune of Rs.50,000/- to the complainant.
(viii) In case the order is not complied with, within the stipulated period, as indicated above, then Opposite Parties No. 1 & 2 shall be jointly and severally liable to pay the amount mentioned in Clause (vi) alongwith interest @12% per annum from the date of default, till realisation, besides payment of cost of litigation."
Being aggrieved from the order passed by the State Commission, the appellant is before this Commission.
No one has appeared for the respondent/complainant despite a Caveat having been filed by her. No one appeared for the complainant on 27.11.2018 despite the paper-book having been served upon her. No one appeared for her on 25.1.2019 despite the date of hearing having been intimated to her. No one has appeared for her today. I have therefore heard the learned counsel for the appellant.
The learned counsel for the appellant states on instructions that in view of the complainant having applied for execution of the impugned order, they have already complied with the said order during pendency of this appeal. He, however, presses for disposal of the appeal on merits.
The learned counsel for the appellant also states on instructions that the appellant would have no objection to pay compensation in the form of simple interest @ 8% p.a. to the complainant which she had paid w.e.f. 1.10.2010 till the date on which the possession was delivered to the complainant in compliance of the order passed by the State Commission. In my view, considering that the possession of the allotted flat has already been delivered to the complainant, an all-inclusive compensation in the form of simple interest @ 8% p.a. would meet the ends of justice and would suitably compensate for the delayed delivery of possession. The impugned order is therefore modified to the extent that the complainant will be entitled to compensation in the form of simple interest @ 8% per annum w.e.f. 1.10.2010 till the date on which the possession of the flat was actually delivered to her. The balance payment, if any, received by the complainant/respondent during execution proceedings shall be refunded by her to the appellant within six weeks, failing which the appellant shall be entitled to take recourse to recover the same in accordance with law. The appeal stands disposed of.