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Judgment
This appeal under section 19 of The Consumer Protection Act, 1986 is in challenge to the Order dated 03.01.2019 of the State Commission in complaint no. 39 of 2017.
Heard learned counsel for the appellants-builder and for the respondent-complainant. Perused the record.
The matter pertains to a builder-buyer dispute. The award made by the State Commission as contained in para 14 of its impugned Order dated 03.01.2019 is reproduced below for reference:
In the result, we pass the following:
ORDER
(a) Complaint is partly allowed.
(b) The Opposite Parties are directed to deliver the possession of the flats/premises along with occupancy certificates and execute sale deed in respect of the same along with proportionate undivided share within a period of 60 days from today provided the complainant pays the balance amount of Rs. 4,25,000/- to the OPs within a period of 30 days from today.
(c) The Opposite Parties shall pay to the complainant an amount of Rs. 50,000/- towards mental agony and mental harassment that he suffered due to delay on the part of the OPs to deliver the possession of the flats and a sum of Rs. 10,000/- as costs, within 30 days from today. If the above amount of Rs. 60,000/- is not paid within a period of 30 days from today, then the said amount shall carry interest at the rate of 9% per annum from the date of expiry of said period of 30 days till the date of final payment.
Learned counsel for two sides make a joint submission that the respondent-complainant will pay an amount of Rs. 4.25 lakh towards balance consideration, if not already paid, and an amount of Rs. 1 lakh towards maintenance to the appellants-builder within 30 days and the appellants-builder will deliver the possession of the subject unit along with occupancy certificate to the respondent-complainant and execute sale-deed in respect of the same along with the proportionate undivided share in favour of the respondent-complainant within a further period of 60 days thence. The registration charges and the stamp duty will be borne by the respondent-complainant.
Learned counsel also jointly submit that the amount as any deposited by the appellants-builder with the State Commission in compliance of this Commission’s interlocutory Order dated 13.08.2019 along with interest if any accrued thereon may be released by the State Commission to the appellants-builder.
Learned counsel for the appellants-builder further requests that this case may not be treated as a precedent and the issues involved may be kept open.
In the wake of the above submissions nothing more survives for adjudication in this appeal. The same is thus disposed of with the directions that the respondent-complainant shall pay an amount of Rs. 4.25 lakh towards balance consideration, if not already paid, and an amount of Rs. 1 lakh towards maintenance to the appellants-builder within 30 days and the appellants-builder shall deliver the possession of the subject unit along with occupancy certificate to the respondent-complainant and execute sale-deed in respect of the same along with the proportionate undivided share in favour of the respondent-complainant within a further period of 60 days thence. The registration charges and the stamp duty shall be borne by the respondent-complainant.
It is also made clear that if for whatever reason the appellants-builder does not accept payment of Rs. 4.25 lakh plus Rs. 1 lakh from the respondent-complainant, the respondent-complainant shall deposit the same with the State Commission as compliance of its part and the State Commission shall release the same to the appellants-builder after the appellants-builder completes compliance of its part. And if after the respondent-complainant has paid or deposited Rs. 4.25 lakh plus Rs. 1 lakh the appellants-builder does not deliver the possession and does not execute the sale deed, the State Commission shall undertake execution against the appellants-builder for ‘enforcement’ and for ‘penalty’ as per the law.
The amount as any deposited by the appellants-builder with the State Commission in compliance of this Commission’s interlocutory Order dated 13.08.2019 along with interest if any accrued thereon shall be released by the State Commission to the appellants-builder after 90 days and after the appellants-builder has delivered the possession and executed the sale-deed.
This Order has been made on consent. As such the decision in this case shall not be treated as a precedent. And the issues involved are kept open.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel as well as to the State Commission immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.
‘Dasti’, in addition, to facilitate timely compliance.