National Consumer Disputes Redressal
Mrs. Kusumdevi Vidyaprasad ... vs Aishwarya Avant Builders Private ... on 16 July, 2024
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVIEW APPLICATION NO. 169 OF 2024 IN
FA/770/2022 1. MRS. KUSUMDEVI VIDYAPRASAD VISHWAKARMA & ANR ROOM NO.4, SHIVDHANI YADAV CHAWL, PRATAP NAGAR, J.V LINK ROAD, JOGESHWARI EAST, MUMBAI MUMBAI MAHARASHTRA ...........Appellants(s) Versus 1. AISHWARYA AVANT BUILDERS PRIVATE LIMITED & ANR. 22, 5TH FLOOR, THE SUMMIT-BUSINESS BAY, ANDHERI KURLA ROAD, OFF WESTERN EXPRESS HIGHWAY, ADJACENT TO WEH METRO STATION, GATE NO.3 ANJD GURU NANAK PETROL PUMP
ANDERI EAST MUMBAI MUMBAI MAHARASHTRA ...........Respondent(s)
BEFORE: HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER HON'BLE DR. SADHNA SHANKER,MEMBER
FOR THE APPELLANT :
Dated : 16 July 2024 ORDER
BEFORE:
HON'BLE MR. SUBHASH CHANDRA, PRESIDING MEMBER
HON'BLE DR SADHNA SHANKER, MEMBER
Dated : 16/ 07/ 2024
ORDER
RA No.169 of 2024 (REVIEW) The present review application no. 169 of 2024 has been filed by the petitioner (original complainant) under Section 60 of the Consumer Protection Act, 2019 for review of judgment dated 08.04.2024.
The operative portion of the order dated 08.04.2024 reads as under:
Respondent nos.1 and 2 are directed to pay compensation for the delay in handing over possession @ 6% per annum from the respective date of deposit, i.e., 01.01.2019 to 04.03.2021 to be paid within eight weeks, failing which it shall carry interest @ 9% per annum;
Appellant is also directed to pay litigation cost of Rs.50,000/- to the respondent; and Direction to pay compensation of Rs.5,00,000/- towards mental agony and harassment is set aside.
The present review application has been filed by the petitioner (original complainant) seeking the following prayer:
Appellant nos.1 and 2 (respondents herein) are directed to handover vacant possession of flat no.801 in 'A' Wing in 'Avant Heritage I' described in the complaint, complete in all respect with car parking and occupation certificate and pay compensation for the delay in handing over possession @ 12% per annum from the agreed date of possession i.e., 01.01.208 till handing over possession of the said flat.
We have gone through the review application and we are of the view that there is an error apparent on the face of the record in the order dated 08.04.2024 in that which compensation for delay is directed, the direction to hand over possession has been inadvertently left out. Accordingly, RA is allowed and the following is passed:
Respondent no.1 and 2 and directed to hand over the vacant possession of Flat no.801, 'A' Wing in 'Avant Heritage I', complete in all respect with car parking and occupation certificate within three months;
Respondent nos.1 and 2 are directed to pay compensation for the delay in handing over possession @ 6% per annum from the respective date of deposit, i.e., 01.01.2019 till the date of handing over to be paid within eight weeks, failing which it shall carry interest @ 9% per annum;
Others directions dated 08.04.2024 are undisturbed.
...................................... SUBHASH CHANDRA PRESIDING MEMBER ............................................. DR. SADHNA SHANKER MEMBER