National Consumer Disputes Redressal
M/S. New Generation Real Estates Pvt. ... vs Ramesh Chander Khurana & 2 Ors. on 13 February, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI MISCELLANEOUS APPLICATION NO. 51 OF 2015 IN RP/1601/2014 1. M/S. NEW GENERATION REAL ESTATES PVT. LTD. ...........Appellants(s) Versus 1. RAMESH CHANDER KHURANA & 2 ORS. ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
For the Appellant : Mr. Pradeep K. Bakshi, Advocate with
Ms. Sanya Talwar, Advocate For the Respondent :
Dated : 13 Feb 2015 ORDER
Counsel for the petitioners heard. He has pick up a conflict that the Para Nos. 20 & 21 of the impugned order, which run as follows:-
"20. Keeping in view all the facts and circumstances, we dismiss the petitioners' revision petitions subject to payment of Rs.1,00,000/- each, for further harassment, mental agony, disappointment, anger and wastage of time. The petitioners are directed to pay the amount of Rs.1,00,000/- each of the complainants, within 45 days of the receipt of the copy of this order, otherwise it will carry interest @ 9% p.a. till its realization. The order of the State Commission also be complied with. The entire order, except clause (ii), (iii) & (v), be strictly complied with.
21. It is also made clear that the allottees are entitled to all the facilities mentioned in the agreement, e.g., agreement entered into with Sh. Ramesh Chander Khurana dated 22.10.2003 and the advertisement, placed on the record as Ex.CD-1 and the brochure, placed on the record. All these facilities/amenities become part of this decree. The petitioners are given time to make arrangements for all these facilities/civil amenities, including Community Centre, Commercial Complex/ Market, Park, reasonable Car Parking, Entrance Gate, etc., as stated in the above said documents, within a period of six months' from today, otherwise, it will form part of the decree and the same shall stand executable, before the executing court, i.e., the District Forum. If the above said works are not accomplished, within a period of six months', it will carry Rs.10,000/- as penalty per month, till it is accomplished".
Counsel for the petitioners submits that he has no objection so far as para No. 20 is concerned. However, in para No. 21, that relief was not sought by the complainant.
The complaint should be read holistically. It should not be read in vacua to the detriment of the one party and to the benefit of another.
The complaint makes the following averments.
"Company has not complied with the clauses of the agreement executed in this regard has caused serious health problems, mental agony and harassment, financial losses, fear and terror due to an atmosphere of rivalry in the complex, no transfer of property in the name of the complainant and above all compelling the complainant and his family to live under highly arduous conditions".
The complainant is to make the facilities as per the agreement. The petitioner/OP has moved an application for modification of order. It appears that it is the matter of review of the order. There appears to be no error, illegality apparent on the face of the record. The miscellaneous applications are therefore, dismissed.
......................J J.M. MALIK PRESIDING MEMBER