National Consumer Disputes Redressal
Nirmal Kumar Pandey vs M/S. Aditya Construction Company India ... on 15 October, 2019
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVIEW APPLICATION NO. 102 OF 2019 IN CC/593/2014 1. NIRMAL KUMAR PANDEY ...........Appellants(s) Versus 1. M/S. ADITYA CONSTRUCTION COMPANY INDIA PVT. LTD. & 2 ORS. ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Appellant : Mr.J.K. Singh, Mr.Joy Kishore Singh and Mr.Mohit Raj, Advocates For the Respondent : Mr.Byrapaneni Suyodhan, Advocate Dated : 15 Oct 2019 ORDER Heard learned Counsel for the parties and perused the order dated 22.2.2019 disposing of the Complaint. Learned Counsel for the Applicant (Complainant) submitted that the Opposite Parties are bound under the Agreement to pay the pre-EMIs to the financial institution till the intimation is given for taking the possession along with Occupation/Completion Certificate. It has not been done till date. However, learned Counsel for the Opposite Parties submitted that they had offered the possession in the year 2014 without the Occupation Certificate being there, which they got in October 2016. Be that as it may, from the record, 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 pre-EMIs till October 2016, suffers from an error apparent on record and requires modification. The Opposite Parties are directed to pay the pre-EMIs till October 2017, when the offer was made for possession. Rest of the order remains.
The Application is disposed of.
......................J R.K. AGRAWAL PRESIDENT ...................... M. SHREESHA MEMBER