National Consumer Disputes Redressal
Improvement Trust & Anr. vs Sheela Gupta on 5 June, 2018
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3608 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER IMPROVEMENT TURST, CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. YOGESH RAI MANGLA S/O SH. RAM JOGINDER RAI R/O OPP RADHA KRISHAN MANDIR HIRA MAHAL, NABHA PATIALA ...........Respondent(s) REVISION PETITION NO. 3609 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH
IA/18913/2017(Stay),IA/18914/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER IMPROVEMENT TRUST, CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. NARINDER KUMAR BHALLA S/O SH. JAI KRISHAN BHALLA R/O 247, NEW MEHAR SINGH COLONY TRIPURI PATIALA ...........Respondent(s) REVISION PETITION NO. 3610 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18915/2017(Stay),IA/18916/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER IMPROVEMENT TRUST CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. SHEELA GUPTA W/O SUBASH CHANDER GUPTA, R/O THATERIAN STREET NABHA ...........Respondent(s) REVISION PETITION NO. 3611 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18917/2017(Stay),IA/18918/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. PARAMJIT KAUR W/O VED PARKASH BATISH, R/O 1469, GHUMARAN WALI GALI, NEAR B-TANK, DIVISION NO. 4, PATIALA ...........Respondent(s) REVISION PETITION NO. 3612 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18919/2017(Stay),IA/18920/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTICE OFFICER IMPROVEMENT TRUST CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. SUDESH KUMAR DUGGAL S/O SH. BIHARI LAL RESIDENT OF HOUSE NO. 112-A, ADARSH COLONY, PATIALA ...........Respondent(s) REVISION PETITION NO. 3613 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18921/2017(Stay),IA/18922/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER IMPROVEMENT TRUST CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. VIJAY KUMAR SINGHLA S/O VASU DEV SINGLA RESIDENT OF VILLAGE AMARGARH TEHSIL MALERKOTLA NOW AT 17 GF, SST NAGAR PATIALA 2. SMT. NAVMEET W/O VIJAY KUMAR SINGHLA RESIDENT OF VILLAGE AMARGARH, TEHSIL MALERKOTLA NOW AT 17 GF, SST NAGAR PATIALA ...........Respondent(s) REVISION PETITION NO. 3614 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18923/2017(Stay),IA/18924/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. TH EXECUTIVE OFFICERR IMPROVEMENT TRUST, CHOTI BARADARI PATIALA ...........Petitioner(s) Versus 1. K.K. SACHDEVA S/O LATE SH. AMAR NATH SACHDEVA R/O 161/3, NEAR SHIV MANDIR SUNDER NAGAR PATIALA ...........Respondent(s) REVISION PETITION NO. 3615 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18925/2017(Stay),IA/18926/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER, IMPROVEMENT TRUST, CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. HARMAIL SINGH S/O SH. GURBAX SINGH, RESIDNT OF 35-C RANJIT NAGAR BHADSON ROAD PATIALA ...........Respondent(s) REVISION PETITION NO. 3616 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18927/2017(Stay),IA/18928/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, Chotti Baradari, Patiala Punjab 2. THE EXECUTIVE OFFICER IMPROVEMENT TRUST CHOTTI BARADARI PATIALA ...........Petitioner(s) Versus 1. USHA SOOD W/O VINOD KUMAR SOOD, R/O 5281/1, ARORRIAN STREET PATIALA ...........Respondent(s) REVISION PETITION NO. 3617 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18929/2017(Stay),IA/18930/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST through its Chairman, Chotti Baradari, Patiala Punjab ...........Petitioner(s) Versus 1. GIRMIL KAUR W/O S. RAVINDER SINGH R/O GURU GOBIND SINGH NAGAR NEW COURT ROAD ST. NO. 4, MANSA PUNJAB ...........Respondent(s) REVISION PETITION NO. 3618 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18931/2017(Stay),IA/18932/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST & ANR. through its Chairman, NEAR NARIAN CONTINENTAL HOTEL Chotti Baradari, Patiala Punjab ...........Petitioner(s) Versus 1. SAMARPREET SINGH SON OF KANWARJIT SINGH THROUGH HIS POWEROF ATTORNEY, SMT RAJINDER KAUR D/O S. JASWANT SINGH R/O VILLAGE DARGAPUR, TEHSIL NABHA PATIALA ...........Respondent(s) REVISION PETITION NO. 3619 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18933/2017(Stay),IA/18934/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST through its Chairman, Chotti Baradari, near narian continental hotal Patiala Punjab ...........Petitioner(s) Versus 1. KANTA JINDAL WIFE OF PAWAN JINDA RESIDENT OF DHAK BAZAR PATIALA ...........Respondent(s) REVISION PETITION NO. 3620 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18935/2017(Stay),IA/18936/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST through its Chairman, Chotti Baradari,NEAR NARIAN CONTINENTAL HOTEL Patiala Punjab ...........Petitioner(s) Versus 1. JASPAL SINGH SIDHU S/O LATE SH. SAWAN SINGH RESIDENT OF HOUSE NO. 2090, OLD LAL BAGH STREET PATIALA ...........Respondent(s) REVISION PETITION NO. 3621 OF 2017 (Against the Order dated 29/09/2017 in Appeal No. 290/2017 of the State Commission Punjab) WITH IA/18937/2017(Stay),IA/18938/2017(Exemption from filing the Certified Copy) 1. IMPROVEMENT TRUST THROUGH IT EXECUTIVE ENGINEER Patiala Punjab ...........Petitioner(s) Versus 1. PARTEEK JAIN SON OF SH. SUBASH CHAND JAIN RESIDNT OF HOUS NO. 3, MANN ENCLAVE HEM BAGH, KHERI ROAD PATIALA ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Petitioner : Mr. Neeraj Sharma, Advocate Mr. Jugul Kishor, Advocate For the Respondent : Mr. Deepak Aggarwal, Advocate & Mr. Y.R. Manga, Advocate in RP/3608-3616/2017 Mr. Harinder Pal Singh Sidhu, Advocate in RP/3617-3621/2017 Dated : 05 Jun 2018 ORDER At the outset, Learned Counsel appearing for the Respondents/ Complainants submit that as per their instructions, the Complainants have no objection if all these Revision Petitions are disposed of in terms of the order, dated 15.03.2017, made by this Commission in Satish Kumar Dutta and Anr. v. M/s Unitech Ltd. and Anr., 2017 (2) CPJ 506. In the said decision, it has been held that the Complainants would be entitled to interest on the amounts, deposited by them, only for the period from the committed date of delivery of possession till the date when the possession of the subject flat(s) was actually delivered to them. Learned Counsel, however, submit that since there has been delay in payment of the amount of interest, even in terms of the directions in Satish Kumar Dutta (Supra), the Petitioners may be directed to pay interest to the Complainants for the entire period from the committed date of delivery of possession till actual payment of interest.
Learned Counsel appearing for the Petitioners, on the other hand, submits that since the Petitioners had already deposited 50% of the interest, as awarded by the Fora below, in the State Commission, which has already been released to the Complainants, they should not be made liable to pay interest on the amount already deposited in terms of the said order.
We find merit in the submission made on behalf of the Petitioners.
Consequently, all the Revision Petitions are allowed, with a direction that the Complainants shall be entitled to interest, at the rate as awarded by the Fora below for the period from the committed date of delivery of possession till the date of actual delivery of possession to them, with further interest for the period from the date of actual delivery of possession till actual payment of the interest in terms of the order passed by the Fora below.
It goes without saying that while remitting the amount due to each of the Complainants' in terms of this order, it will be open to the Petitioners to account for the amount already released to the Complainants. The balance amount(s) shall be remitted to the Complainants by means of demand drafts drawn in their favour, within four weeks from the date of receipt of a copy of this order.
All the Revision Petitions stand disposed of, leaving the parties to bear their own costs.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER