Sukhbir Grewal vs Omaxe Ltd. & 2 Ors

This order shall dispose of appeal no. 1501 of 2019 filed against the order dated 11.05.2018 wherein on merit the complaint of the appellant had been allowed and following directions had been issued:

i. OPs are directed to deliver the complete possession of the allotted flat to complainant within a period of two months from the date of receipt of certified copy of order. OPs shall simultaneously execute the conveyance deed of the allotted flat in favour of the complainant, subject to bearing the stamp and registration charges by the complainant;

ii. The complainant is entitled to compensation in the shape of penalty @ 10/- per sq ft per annum after a period of three years from the date of booking till delivery of actual possession of the allotted flat to complainant by OPs with occupancy certificate;

iii. The complainant is entitled to compensation of Rs.50,000/- for mental harassment and Rs.20,000/- as cost of litigation.

In this appeal the appellant has only challenged directions no.(ii) , in the impugned order and it is argued that in the agreement to sell as well as in the written version filed before the State Commission, the opposite party/ respondent had committed to pay delayed compensation @ 10/-per sq ft per month, however, the State Commission has granted compensation @ 10 per sq ft per annum. It is argued that the compensation ought to have been awarded to the complainant @ 10/-per sq ft per month in view of this admitted fact.

Learned counsel appearing on behalf of the respondent/ opposite party does not dispute the contention of the appellant/ complainant in the present appeal.

We have perused the file and have gone through the documents on record. Learned counsel for the appellant has confined its prayer in the present appeal to the grant of compensation which has been wrongly granted per annum instead of being per month.

In view of clause 23 (h) of the allotment letter cum Builder Buyer Agreement dated 06.09.2017 and also in view of the admissions of the OP/ respondent in their written version, we are satisfied that there is an illegality committed by the State Commission while granting compensation @ 10/- per sq ft per annum. The order of the State Commission is therefore stands modified to the following effect:

a. OPs are directed to deliver the complete possession of the allotted flat to complainant within a period of two months from the date of receipt of certified copy of order. OPs shall simultaneously execute the conveyance deed of the allotted flat in favour of the complainant, subject to bearing the stamp and registration charges by the complainant;

b. Complainant is entitled to compensation in the shape of penalty @10/- per sq ft per month after a period of three years from the date of booking till delivery of actual possession of the allotted flat to complainant by OPs with occupancy certificate.

c. The complainant is entitled to compensation of Rs.50,000/- for mental harassment and Rs.20,000/- as cost of litigation.

With these directions the present appeal stands disposed of.