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Nirmal Kumar Pandey vs M/S Aditya Construction Company India ... on 2 May, 2022

Bench: Ajay Rastogi, C.T. Ravikumar

                                                        1

                                   IN THE SUPREME COURT OF INDIA
                                    CIVIL APPELLATE JURISDICTION

                                 CIVIL APPEAL NO(S). 9669­9670/2019


     NIRMAL KUMAR PANDEY                                             APPELLANT(S)


                                 VERSUS


     M/S ADITYA CONSTRUCTION COMPANY
     INDIA PVT. LTD. & ORS.                                                RESPONDENT(S)


                                                  ORDER

Mr. Rakesh Kr.Khanna, learned senior counsel for the appellant, on instructions, informs this Court that during the pendency of the present appeals, the registered sale deed has been executed on 23.11.2021 and the appellant has taken physical possession of the subject flat in December 2021.

In the consumer complaint filed by the appellant, the National Consumer Disputes Redressal Commission, New Delhi (for short the “Commission”), vide order dated 20.02.2019 observed as under:­ “….In the result, this Complaint is allowed in part, directing the Signature Not Verified Digitally signed by NIRMALA NEGI Date: 2022.05.04 18:02:04 IST Developer to pay all the pre­EMIs till October 2016, the date on Reason: which the Occupation Certificate was obtained, handover possession of the subject flat complete in all respects as per the agreed specifications of the Agreement dated 12.10.2011 within six weeks from the date of receipt of a copy of this order, pay  2 compensation of Rs.2 lakhs and costs of Rs.10,000/­. Payments due, if any, from the Complainant shall also be adjusted from the decretal amount and the balance, if any, shall be paid by the Complainant to the Developer within six weeks from the date of receipt of a copy of this order. Time for compliance for the Developer to comply with the directions is six weeks from the date of receipt of a copy of this order, failing which, the amount shall attract interest @ 9% per annum from the date of filing of the Complaint till the date of realization. The case against the second Opposite Party HDFC and the third Opposite Party, is dismissed without costs.” Later, on a review application being filed, the Commission, on 15.10.2019 passed the following order:­ “….We find that on 31.10.2017, learned Counsel for the Opposite Parties had made an offer to the Complainant for taking the possession. By that time, Complainant had got the copy of the Occupation Certificate under the Right to Information Act. We are, therefore, of the considered opinion that the order dated 20.2.2019, passed by us in so far as it directs the Opposite Parties to pay the pre­EMIs till October 2016 suffers from an error apparent on record and requires modification. The Opposite Parties are directed to pay the pre­EMIs till October 2017, when the offer was made for possession.” After we have heard the learned counsel for the parties, for giving quietus to the matter, consider appropriate let the respondents pay an additional sum of Rs.10 lakhs within four weeks from today to the appellant and all other outstanding dues of the bank, if any, in reference to the subject flat in question, have to be cleared by the appellant/home buyer. The orders impugned passed by the Commission dated 20.02.2019 followed with 15.10.2019 stand modified accordingly.

We further make it clear that no further claim shall be raised by  3 either of the parties in reference to the subject flat in question at any Forum, including Consumer Commission.

The appeals with above observations stand disposed of. Pending application(s), if any, shall also stand disposed of.

…………………………J. (AJAY RASTOGI) ..………………………..J. (C.T. RAVIKUMAR) NEW DELHI;

MAY 02, 2022.

ITEM NO.38                   COURT NO.13                SECTION XVII-A

                S U P R E M E C O U R T O F       I N D I A
                        RECORD OF PROCEEDINGS

CIVIL APPEAL   NO(S).   9669-9670/2019

NIRMAL KUMAR PANDEY                                     APPELLANT(S)

                                    VERSUS

M/S ADITYA CONSTRUCTION COMPANY INDIA PVT. LTD. & ORS.RESPONDENT(S) (IA No. 191918/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 191917/2019 - GRANT OF INTERIM RELIEF) Date : 02-05-2022 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr Rakesh Kr.Khanna, Sr.Adv.

Mr. Jay Kishor Singh, AOR Mr. Mohit Raj, Adv.

For Respondent(s) Mr. Rana Mukherjee, Sr.Adv.

Ms. Oindrila Sen, Adv.

Mr. Byrapaneni Suyodhan, Adv. Ms. Tatini Basu, AOR UPON hearing the counsel the Court made the following O R D E R The appeals stand disposed of in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

(NIRMALA NEGI)                                  (BEENA JOLLY)
COURT MASTER (SH)                              COURT MASTER (NSH)
          (Signed order is placed on the file)