OMAR BALSARA Vs. PRESTIGE ESTATES PROJECTS LTD

JUDGEMENT

(1.) Heard Ms. Nina R. Nariman, Advocate, for the complainants and Ms. Namrata Mohapatra, Advocate, for the opposite party.

(2.) Omar Balsara and Mrs. Zohra Patel Balsara have filed above complaint for directing the opposite party (i) to handover possession of Flat No.4173, in the complex "Prestige Park View" at Pattandur Agrahara, Whitefield, Bengaluru to them, (ii) to pay delayed compensation in the shape of interest @8% per annum on their deposit, from 1/7/2015 till the date of filing of the complainant and thereafter @18% per annum till the date of actual payment, (iii) to bear the cost of registration of conveyance deed and other requisite formalities, (iv) to pay Rs. 2.00 lacs, as compensation for mental agony and harassment, (v) to pay Rs. one lac, as cost of litigation and (iii) any other relief, which is deemed fit and proper in the facts and circumstances of case.

(3.) The notice of the complaint, issued by this Commission, was served upon the opposite party on 24/1/2018. The opposite party put in appearance on 13/4/2018 in the complaint. The opposite party took two weeks' time for filing written reply in the complaint on 11/5/2018. But written reply was filed on 10/12/2018, along with IA/22843/2018, for condonation of delay. IA/22843/2018 was listed on 27/3/2019. On that day, right of the opposite party to file written reply was closed but inadvertently no order was passed in IA/22843/2018. When the case listed on 2/12/2020, the Bench clarified that IA/22843/2018 stand rejected. The opposite party has filed IA/7916/2021, for recalling the order dtd. 2/12/2020. As written reply in the complaint was filed after expiry of 45 days from the service of notice as such delay in filing written reply cannot be condoned in view of Constitutional Bench judgment of Supreme Court in New India Assurance Company Ltd. Vs. Hilli Multi-Purpose Cold Storage (P) Ltd., (2020) 5 SCC 757. IA/7916/2021 is rejected.