National Consumer Disputes Redressal
Sangeet Bhagat & Anr. vs Jaiprakash Associates Ltd. on 4 July, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 1335 OF 2015 1. SANGEET BHAGAT & ANR. 4, MARLOW HOUSE, GROUND FLOOR, SIR POCHKHANWALA ROAD, WORLI, MUMBAI-400030 ...........Complainant(s) Versus 1. JAIPRAKASH ASSOCIATES LTD. SECTOR-128, NOIDA,UP-201304 ...........Opp.Party(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
For the Complainant : Mr. Vikram Diwan, Advocate with
Mr. Vishal Diwan, Advocate
Mrs. Anamika Agarwal, Advocate For the Opp.Party : Mr. Krishnan Venugopal, Sr. Advocate with
Mr. Vishal Gupta, Advocate with
Mr. Kumar Mihir, Advocate
Mr. Gaurab Roy, Advocate
Mr. Udai Rathore, Advocate
Dated : 04 Jul 2016 ORDER
JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)
1.Learned counsel for the parties present. Arguments heard.
2. There is an offer from learned counsel for the opposite party that the revised and final offer of possession will be given to the complainant within one week from the date of this order. OP, as delay compensation, will pay monthly rental income of Rs.40000/- per month from 18.5.2011 to 18.05.2016 except the period from August, 2013, when the Hon'ble National Green Tribunal passed an interim order restraining any developer from continuing construction or giving possession of any building within 10 kilometres from Okhla Bird Sanctuary till 11.12.2015 when the completion certificate was received. For the period from August, 2013 to 11.12.2015, monthly rental @ Rs.20,000/- will be paid.
3. It is also agreed that for increase in super area, the OP will charge Rs.6,36,000/- instead of Rs.12,73,000/-. The said amount of Rs.6,36,000/- be paid or adjusted within a period of one month from today otherwise it will carry interest @ 12% per annum till its payment. The possession will also be handed over to the complainant within one month, subject to the above said adjustment, if any. No other charges except agreed one, shall be charged and maintenance allowance will be charged only from the date of actual possession given to the complainant. The complainant will also pay car parking charges in the sum of Rs. 9 lakh, as originally agreed, which is also adjustable. The possession will be given only when the entire amount stands paid or -3- adjusted. It is made clear that this compromise is a decree and if any party has any grievance, it can file the execution petition. All the charges, as per the agreement, are totally paid by the complainant. The other charges be also paid within one month without any interest, including the maintenance deposit as agreed, which is also subject to adjustment. As agreed, it is also made clear that the final demand notice will be made within one week from today and thereafter, the complainant will take possession within one month and execute the sub lease deed. The stamp duty and registration charges will be borne by the complainant.
In view of the above compromise, the complaint stand disposed of as being settled.
......................J J.M. MALIK PRESIDING MEMBER