Revision Petition No. 20 of 2015. Case: New Generation Real Estate Private Limited Vs M.K. Jinsi. Union Territory State Consumer Disputes Redressal Commission
| Case Number | Revision Petition No. 20 of 2015 |
| Counsel | For Appellant: Puneet Bali, Advocate |
| Judges | Sham Sunder, J. (President), Dev Raj and Padma Pandey, Members |
| Issue | Consumer Protection Act, 1986 - Sections 17(1)(b), 21(b), 27, 27A |
| Citation | III (2015) CPJ 47 (UT Chd.) |
| Judgement Date | May 26, 2015 |
| Court | Union Territory State Consumer Disputes Redressal Commission |
Order:
Dev Raj, Member
1. This Revision Petition is directed against the order dated 8.5.2015 rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (hereinafter to be called as the District Forum only) in Execution Application No. 42 of 2014, vide which it directed Opposite Party No. 1 to appear before it (District Forum) on 29.5.2015 through its MD/Director and authorized signatory, and produce copies of the completion and occupation certificates, obtained from the competent authority, and to file a sworn affidavit that the same have been obtained from the competent authority, whereafter only further action for execution of the sale deed/conveyance deed could be effected. The facts, in brief, are that the respondent/complainant filed a Consumer Complaint, before the District Forum, which was accepted vide order dated 25.9.2013, operative part whereof is extracted hereunder:
32. For the reasons recorded above, the complaint filed by the complainant is partly allowed. OP No. 1 is directed:
(i) To make payment of an amount of Rs. 1,50,000 as compensation on account of harassment and mental agony to the complainant within one month from the date of receipt of the copy of this order.
(ii) OP No. 1 shall get executed the sale deed/conveyance deed in favour of the complainant within two months from the date of receipt of the copy of the order, for which, the stamp registration and other incidental charges would be borne by the complainant. If the complainant refuses to get the sale deed executed and registered, he would be doing so at his own risk and responsibility.
(iii) OP No. 1 shall furnish the completion and occupation certificate of the apartment to the complainant within two months from the date of receipt of copy of this order.
(iv) OP No. 1 shall pay Rs. 10,000 as costs of litigation to the complainant.
33. This order shall be complied with by OP No. 1 within the stipulated period, as directed above, failing which, OP No. 1 would be liable to pay the double of the compensation amount along with interest @ 9% p.a. from the date of filing of the complaint till its realization, besides payment of litigation expenses of Rs. 10,000
2. Feeling aggrieved against the order dated 25.9.2013 passed by the District Forum, Opposite Party No. 1 filed First Appeal bearing No. 479 of 2013 before this Commission, which was partly allowed, vide order dated 10.12.2013 in the following manner:
37. For the reasons recorded above, the appeal is partly accepted, with no order as to costs. The order of the District Forum is modified, and Opposite Party No. 1 is directed as under:
(i) To pay a sum of Rs. 1.50 lacs, as compensation, on account of mental agony, physical harassment, caused to respondent No. 1/complainant, as also deficiency, in rendering service, and indulgence, into unfair trade practice, on the part of Opposite Party No. 1, as awarded by the District Forum, within two months, from the date of receipt of a certified copy of this order.
(ii) To obtain completion and occupation certificates, from the Competent Authority, within two months, from the date of receipt of a certified copy of the order.
(iii) To execute sale deed/conveyance deed, and get the same registered, in favour of the...
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