BIDISHA BISWAS AND SHAILENDRA KUMAR SHARMA vs EMAAR INDIA LIMITED

Order pronounced. The respondent is directed to pay interest on the paid-up amount by the complainants at the prescribed rate of interest i.e. 11.10%  p.a. for every month of delay from the date of nomination letter  i.e. 06.06.2018  till handing over of possession i.e., 13.10.2018, being earlier as per section 18(1) of the Act of 2016 read with rule 15 of the Rules. Detailed order will follow. Matter stands disposed off.

The present complaint was filed on 30.11.2022 and registered as complaint no. 7323 of 2022 and the respondent has filed reply to the present complaint on 27.04.2023. On hearing dated 15.02.2024, the counsel for both the parties sought adjournment to explore the possibility of amicable settlement. But till date no settlement deed has been placed on record. On 27.04.2023 along with reply, the counsel for the respondent has filed an application for dismissal of complaint stating that the complaint is barred by limitation. The counsel for the complainant requests for allowing DPC from the due date of possession till offer of possession and the unit was endorsed in favour of the complainant before the said offer of possession. The counsel for the respondent states that the unit was assigned in favour of the complainant on 06.06.2018 and the offer of possession was made on 21.08.2018 and hence, DPC is admissible only for the said period. The counsel for the respondent states that complaint is barred by limitation as the same has been filed after 3 years of offer of possession and even execution of conveyance deed. The counsel for the complainant states that the complainant is seeking DPC after computing the zero period allowed by Supreme Court of India on 10.01.2022 in M.A. No. 21 of 2022 of suo motu writ petition Civil No. 3 of 2020, the complaint is within limitation. The counsel for the respondent wishes to file brief written submissions with relevant citation which may be filed within 2 weeks. Arguments heard. Order reserved. Matter to come up on 05.12.2024 for pronouncement of order.

The present complaint was filed on 30.11.2022 and registered as complaint no. 7323 of 2022 and the respondent has filed reply to the present complaint on 27.04.2023. On hearing dated 15.02.2024, the counsel for both the parties sought adjournment to explore the possibility of amicable settlement. But till date no settlement deed has been placed on record. On 27.04.2023 along with reply, the counsel for the respondent has filed an application for dismissal of complaint stating that the complaint is barred by limitation. The proxy counsel for the complainant states that the main arguing counsel has to go to Faridabad for attending the Civil Court for some urgent case and hence, requests for a short adjournment. The counsel for the respondent has no objection to it. Matter to come up on 10.10.2024  for further proceedings.