BALBIR SINGH Vs. NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION

JUDGEMENT

(1.) The petitioners - Balbir Singh and Sunita Punia (allottees) seek modification of order dtd. 20/3/2024 (Annexure P-28) passed by National Consumer Disputes Redressal Commission (hereinafter referred to as "the NCDRC") so as to seek increase in rate of interest as awarded from 9% p.a. to 18% p.a. for delayed possession of the flat in question. Another prayer made in the instant petition is that respondents No.3 to 5 i.e. the builders/developers be burdened with recurring cost to be paid to the petitioners as had been imposed by this Court in CWP-14082-2024.

(2.) The petitioners had applied for allotment of a flat in 'Apartment D-2 in Tower/Block-D, Casa Homes' situated at Kharar Landran Road, Sector - 115 Mohali, which was allotted to them vide allotment letter dtd. 7/4/2018 (Annexure P-2), however, despite the petitioners having made requisite payments they were not given possession of the same constraining them to approach State Consumer Disputes Redressal Commission (hereinafter referred to as "the SCDRC"), which accepted the complaint filed by the petitioners under Sec. 17(1)(a)(i) of Consumer Protection Act vide its award dtd. 28/2/2022 (Annexure P-27). The operative portion of the said award is reproduced herein-under:

(3.) The petitioners, however, not being fully satisfied filed an appeal before the NCDRC, which slightly modified the order passed by the SCDRC vide its award dtd. 20/3/2024 (Annexure P-28). The operative portion of the said award is reproduced herein-under: