OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED & 2 ORS; OMAXE CITY CHANDIGARH EXTENTION PVT LTD Vs. LALITHA SAINI W/O JASWINDER SINGH

JUDGEMENT

(1.) The learned counsel for respondent/complainant booked a residential flat with the appellant company in the project namely Omaxe Cassia, which the appellant company was to develop at New Chandigarh, Mullanpur in District Mohali. The possession, as per the agreement between the parties was to be delivered within 24 months from the date of allotment letter, had been issued on 23.12.2012. The appellant company was however also entitled a grace period of 6 months. Thus, the possession ought to have been delivered by 29.06.2015. The possession having not been offered by the aforesaid date, the complainant approached the concerned State Commission by way of a consumer complaint.

(2.) The complaint was resisted by the appellant company on several grounds, but it was not disputed that the possession of the flat allotted to the complainant had not been offered to her. The State Commission vide its order dated 05.05.2017 directed the appellant as under:

(3.) Being aggrieved from the order passed by the State Commission, the appellant company is before this Commission by way of this appeal. Since complainant has not challenged the order passed by the State Commission, the only issue involved in this appeal is with respect to the quantum of compensation to be paid to the complainant alongwith refund of the principal amount paid by her.