National Consumer Disputes Redressal
Manish Parwani vs Parsvnath Developers Ltd. on 4 July, 2018
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 1066 OF 2016 1. MANISH PARWANI 15, ARDMORE PARK, 04-02, TOWER 3, ARDMORE PARK LUXURY APTS, SINGAPORE-259959 ...........Complainant(s) Versus 1. PARSVNATH DEVELOPERS LTD. 6TH FLOOR, ARUNACAHAL BUILDING, 19, BARAKHAMBA ROAD, NEW DELHI-110001 ...........Opp.Party(s)
BEFORE: HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER
For the Complainant : Mr. Divjyot Singh, Advocate
Mr. Nipun Dwivedi, Advocate For the Opp.Party : Mr. Prabhakar Tiwari, Advocate
Dated : 04 Jul 2018 ORDER
JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)
The learned counsel for the parties state on instructions that the present complaint may be disposed of in terms of the order dated 19.4.2018 passed by this Commission in CC/127/2018 Mallika Raghavan Vs. Parsvnath Developers Ltd. and CC/625/2016 Vikas Gupta Vs. Parsvnath Hessa Developers Pvt. Ltd. decided on
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7.6.2018, which pertains to allotment of residential flat in this very project namely "Parsvnath Exotica' in Sector 53 of Gurgaon.
2. The learned counsel for the parties also agree that the special rebate to the complainant in this matter would be payable with effect from October, 2009. In fact, the special rebate for 25 months starting from October, 2009 and ending in October, 2011 has already been credited to the account of the complainant.
3. The complaint is therefore disposed of with the following directions:
(i) The opposite party shall obtain the requisite occupancy certificate from the concerned authorities at its own cost and responsibility and offer possession of the allotted flat to the complainant complete in all respects, on or before 31.12.2018.
(ii) The opposite party shall pay compensation in the form of simple interest @ 8% per annum to the complainant with effect from 01.10.2009 till the date on which possession, in terms of this order, is actually offered to the complainant, after obtaining the requisite occupancy certificate. The aforesaid compensation is acceptable to the complainant as stated by his counsel, on instructions from him.-3-
(iii) The balance amount, if any, shall be adjusted out of the compensation payable to the complainant, in terms of this order.
(iv) The opposite party shall pay Rs.25,000/- as cost of litigation to the complainant.
(v) The increase, if any, in the stamp duty after 01.10.2009, shall be borne by the opposite party.
(vi) Compensation, if any, already paid / credited to the complainant shall be adjustable out of the amount payable to him, in terms of this order.
......................J V.K. JAIN PRESIDING MEMBER