Omesh Khanna v. Shipra Estate Limited & Jai Krishan Estate Developers Private Limited
2022-05-05
AJAY RASTOGI, SANJIV KHANNA
body2022
DigiLaw.ai
ORDER 1. During the course of arguments, learned counsel for the parties had drawn our attention and relied upon the order dated 16th November 2017 passed by the National Consumer Disputes Redressal Commission in Consumer Case No. 115 of 2016 (Ravinder Kishinchand Thadhani and Others v. M/s. Shipra Estate Ltd. & Jai Krishan Estate Developers Pvt. Ltd. and Others). In the said case, directions were issued to the respondents to pay simple interest @ 8% per annum on the amount deposited by the petitioners/complainants with the respondents with effect from the committed date of possession, that is, 5th August 2008, till the date on which the possession, strictly in terms of the order, was actually offered. At the same time, direction was also given to the complainants to pay interest @ 8% per annum on the delayed payment of the last instalment, which was to be adjusted by the respondents out of the compensation payable in terms of the aforesaid direction. 2. The present case is identical to the case of Ravinder Kishinchand Thadhani (supra). The appellant had paid in instalments, up to May 2008, nearly 88% of the total cost of the flat amounting to Rs.58,30,750/- out of the total agreed sale consideration of Rs.67,27,750/-. The possession of the flat was to be delivered by October 2008. However, the respondents were unable to handover possession and had written letter dated 24th August 2009 agreeing to give discount @ Rs.5/- per square feet per month, as also pay an amount of Rs.1,02,038/- to be adjusted quarterly from the quarterly payment with effect from August 2009. Disputes had subsequently arisen as the construction got prolonged and only in December 2015 the respondents had written a letter which indicated that an amount of Rs.10,09,192/-was payable towards basic sale price of the flat and another amount of Rs. 10,09,522/- was payable towards other costs. 3.
Disputes had subsequently arisen as the construction got prolonged and only in December 2015 the respondents had written a letter which indicated that an amount of Rs.10,09,192/-was payable towards basic sale price of the flat and another amount of Rs. 10,09,522/- was payable towards other costs. 3. To cut the matter short, we have examined the statement of accounts in terms of the direction given in the case of Ravinder Kishinchand Thadhani (supra), and while doing so, we have taken into consideration that the appellants had paid Rs.58,30,750/- on or before May 2008, and that the respondents had issued a letter indicating that the flat in question was ready for delivery on 29th December 2015, and accordingly we deem it appropriate to direct as under: (i) The respondents would pay Rs.18,00,000/- within one month from today to the appellants towards interest in full and final settlements of the accounts inter se the parties. The respondents while making the payment will be entitled to deduct TDS on the said amount which, for the said purpose, would be treated as interest. (ii) No amount would be payable by the appellants towards basic price of the flat or other cost mentioned in the Annexure to the letter dated 29th December 2015. (iii) The appellants, however, will be liable to pay stamp duty and registration charges, which would be deposited with the respondents within a period of one month from the date of communication of the said charges by the respondents, which would be communicated to the appellants within a period of three weeks from today. (iv) The respondents would execute a sale deed in favour of the appellants within a period of one month from the date the appellants deposit stamp duty and other charges. The sale deed would be registered on the same day of its execution or at a mutually convenient date and time that will be fixed on the date of execution of the sale deed. (v) The respondents would handover vacant physical possession of the flat to the appellants free from all encumbrances on the date of execution of the sale deed. 4. The Civil Appeals are allowed by modifying the impugned order to the extent indicated above. There shall, however, be no order as to costs. 5. Pending applications, if any, stand disposed of.