ATUL KULSHRESTHA Vs. EMAAR INDIA LIMITED

JUDGEMENT

(1.) The matter pertains to a claim for compensation for delay in handing over possession of a flat to the complainants by the Opposite Party (OP) Builder. Accordingly, the complainant filed Complaint Case No. 128 of 2021 before the learned State Commission, Delhi (State Commission) which was disposed of vide order dtd. 31/10/2023 partly allowing the complaint and directing the OP to pay the complainants compensation for the delayed period in the form of simple interest @ 8% per annum on the total amount deposited by the complainants, i.e. Rs.1,92,68,146,.00 for the period from the date when the position of the apartment was due to be delivered (1/4/2015) until the date of offer of possession (11/3/2019), after deducting an amount of Rs.7,81,794,.00 which has already been paid to the complainants as a compensation for handing over the position of the said apartment. The learned State Commission has also awarded Rs.2,00,000.00 as compensation for mental agony and harassment and Rs.50,000.00 as costs.

(2.) Against the Order of the learned State Commission in CC No. 128 of 2021 dtd. 31/10/2023, the complainants have filed First Appeal No. 1126 of 2023. On the other hand, the OP Builder has also filed a cross appeal vide FA. No. 1176 of 2023 with a delay of 1 day's. As the facts of the case, contentions etc are substantially similar, both these Appeals are being disposed of together by this common order and delay in F.A. No.1176 of 2023 is condoned.

(3.) For convenience, First Appeal No. 1126 of 2023 is being considered as the lead case and the parties in these Appeals are being referred to as stated in the complaint.