OMAXE LIMITED & ANR Vs. LALIT KUMAR

JUDGEMENT

(1.) Ma 311/2017

(2.) Appeal

(3.) Regard being had to the fact that admittedly, till June 2014, when for the first time, the possession of the flat is claimed to have been offered to the Complainant, it was not complete; 95% of the cost of the flat had admittedly been received by the Appellants at the time of booking as far back as in the year 2007, with an assurance that the possession of the flat would be delivered on or before 7th December 2009, the Complainant was not obliged to accept its possession, even if it is assumed for the sake of argument that it was complete in the year 2014. In that view of the matter, we do not find any illegality factual or legal, in the afore-noted directions issued by the State Commission. Further, in so far as this Commission is concerned, the normal rate of interest which is being awarded by this Commission in such like cases varies between 12% to 18% p.a. That being so, the award of additional compensation of Rs. 1,00,000/- over and above the interest @ 10.5% p.a. only cannot also be held to be unreasonable, warranting interference at our end.