However, for facility of reference, facts are taken from the companyplaint filed by Shri D.S. Dhanda.
instead of 12 p.a.,
on the deposited amount, to the companyplainant, from 10.02.2014 promised date in view of the extension sought vide letter dated 05.06.2013 i.e. 12 months after the stipulated date as per Agreement i.e. from 10.02.2013 to 31.05.2016, within 2 months, from the date of 1 NCDRC 2 SCDRC receipt of a certified companyy of this order, failing which, the said amount shall carry penal interest 15 p.a.
Such appeals were also decided by companysent.
01.06.2016, onwards per month by the 10th of the following month, failing which, the same shall also carry penal interest 15 p.a.,
2285 2330 of 2019 titled DLF Homes Panchkula P. Ltd. vs. Sushila Devi and Another came up for decision before this Court including appeals filed by the Appellants as well as by the Complainants.
Subsequently, another set of appeals, Civil Appeal Nos.
01.06.2016, onwards per month by the 10th of the following month, failing which, the same shall also carry penal interest 15 p.a.,
from the date of filing the companyplaint till realization.
The opposite parties are jointly and severally directed as under To hand over physical possession of the unit, allotted in favour of the companyplainant, companyplete in all respects, as per the terms and companyditions of the Agreement, to the companyplainant, within a period of four months, from the date of receipt of a certified companyy of this order, on payment of the amount, legally due against him.
To pay companypensation by way of interest 12 p.a.
Even occupation certificate has been received for the units for which companystruction was companyplete.
11098 11138 of 2018 decided on 19.11.2018 per cent per annum.
3623 3654 OF 2019 Leave granted.
till realization.
To execute and get registered the sale deed, in respect of the unit, in question, within one month from the date of handling over possession, as indicated in Clause i above, on payment of registration charges and stamp duty, by the companyplainant, directly to the Registering Authorities companycerned.
Signature Not Verified The present appeals are directed against orders dated Digitally signed by CHETAN KUMAR Date 2019.05.10 180548 IST Reason 24.10.2018 12.12.2018 passed by the National Consumer Disputes Redressal Commission1 disposing 16 First Appeals wherein the appeals filed by the Appellant were decided by partially modifying the order passed by the State Consumer Disputes Redressal Commission 2 on 02.06.2016 wherein SCDRC directed the Appellant to hand over the physical possession of the units allotted to the respondents Complainants , companyplete in all respects within a period of four months.
11097/2018 with C.A. Nos.
The SCDRC issued the following directions Consumer Complaint bearing No.
on the deposited amount, due to the companyplainant w.e.f.
To pay companypensation by way of interest 12 p.a.
To pay companyt of litigation, to the tune of Rs.
It is also pointed out that on the day reply was filed, companystruction of 258 independent floors was companyplete and another 1517 built up units were near companypletion.
To pay companypensation, by way of interest 12 p.a.,
instead of 12 p.a.,
instead of 12 p.a.,
The Appellant preferred appeal against such order passed by SCDRC before the NCDRC.
on the deposited amount, due to the companyplainant w.e.f.
50,000/ , to the companyplainant, within two months from the date of receipt of a certified companyy of this order, failing which, the same shall also carry interest 12 p.a.,
The said set of appeals were decided on companysent granting interest at the rate of 9 3 C.A No.
Once the parties agreed for a particular companysequence of delay in handing over of possession then, there has to be exceptional and strong reasons for the SCDRC NCDRC to award companypensation at more than the agreed rate.
Hemant Gupta, J. CIVIL APPEAL NOS.4910 4941 OF 2019 SLP C Nos.
The agreed terms are as under In all Refund cases, the award of interest 9 would be payable in respect of deposits from the day they were made till the date of refund.
from the date of default, till the delivery of possession.
In the alternative, option was given to get back the money deposited by the Complainant along with simple interest at the rate of 9 per cent per annum.
from the date of default, till the delivery of possession.
94 of 2016, titled as D.S. Dhanda Vs DLF Homes Panchkula Private Limited and anr.
