RAJIV MALHOTRA Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The present Appeal Execution has been filed by Mr. Rajiv Malhotra (hereinafter referred to as Appellant/Complainant) under Section 19 read with Section 21 and 22 of the Consumer Protection Act, 1986 against the Order dated 12.09.2014 passed by the Chandigarh UT Consumer Disputes Redressal Commission (hereinafter referred to as State Commission), whereby the Execution Application No. 38 / 2014 filed by the Appellant had been partly allowed.

(2.) Brief facts of the case are that the Appellant/Complainant booked a Penthouse with Parsvnath Developer Ltd. and a tripartite Agreement was entered between Appellant/Complainant, Parsvnath Developer Ltd. (hereinafter referred to as the Developer) and Chandigarh Housing Board (hereinafter referred to as CHB).The Appellant deposited 12,85,000/- and 12,86,500/- on 27.09.2007 and 04.02.2008 respectively.As the Developer failed to deliver the possession of the Penthouse within stipulated period, the Appellant filed a Consumer Complaint before the State Commission.Vide Order dated 11.08.2011, the State Commission allowed the Complaint in following terms:-

(3.) Feeling aggrieved, Parsvnath Developers Ltd. filed Appeal, i.e., FA No.371/2011 before this Commission.Vide Order dated 05.03.2013, this Commission modified the Order dated 11.08.2011 passed by the State Commission in following terms:-