Case: CCI PROJECTS (P) LTD Vs. VRAJENDRA JOGJIVANDAS THAKKAR

the disputed sums with the Commission, whereafter the possession of the flats was taken on 04.08.2017. The matters before the Commission thus stood confined to the issue whether the complainants in both the cases were entitled to any compensation in respect of delayed payment or whether the appellant was entitled to have the period extended in terms of aforesaid clause No.17. 8. The Commission rejected the submission in respect of amended NOC granted on 07.05.2013. It further rejected the submission regarding non- availability of sand by observing that no document had been placed on record to substantiate such claim. The Commission observed that except the sum of Rs.104,207/- which the appellant sought to recover towards interest for delayed payment, rest of the sums were not disputed by the complainants and stood paid to the appellant. After considering the rival claims the Commission disposed of the complaints with following directions:?1. The balance, if any, out of the amount deposited by the complainant with this Commission before taking possession of the flat and proportionate interest which may have accrued on that amount deducting (i) the interest amount of Rs.10427/- (in both the complaints) and (ii) an amount equivalent to compensation payable to the complainant in terms of direction (3) below, shall be released to the opposite party. 2. The amount of Rs.104207/- shall (in both the cases) be released to the complainant along with proportionate interest which may have accrued on that amount. 3. The opposite party shall pay compensation in the form of simple interest @ 8% per annum on the amount which had been paid by that date, to the complainant, w.e.f. 01.09.2014 till the date on which the possession was actually delivered to him. The compensation to the extent available shall be adjusted out of the amount payable to the complainant in terms of direction (1) above. 4. The opposite party shall also pay Rs.25,000/- as the cost of litigation in each complainant to the complainant. 5. The payment by the OP in terms of the order shall be made within three months from today.?9. In these appeals challenging the correctness of the decision of the Commission, we heard Mr. Sanjiv Sen, learned Senior Advocate and Dr. Vinod Kumar Tewari, learned Advocate for the parties. 10. It was submitted by Mr. Sanjiv Sen, learned Senior Advocate:(a) The complaints were not maintainable in as much as the original allottees had transferred their interest. Reliance was placed on the decision of this Court in Haryana Urban Development Authority v. Raje Ram (2008) 17 SCC 407 . (b) The time lost between 21.12.2012 till 07.05.2013 on account of mandatory requirement for re-submission of plans, the appellant was entitled to have that period extended. (c) The National Green Tribunal had banned sand mining activities across the country on 05.08.2013 which came to be relaxed only when new policy was formulated by Union of India in September, 2015. It was submitted that the availability of sand during this period had come down to 20% of what it was before.It was therefore submitted that the appellant was not at fault. In any case the possession was offered on 16.11.2016 and thus it was only a short period of more than 2 years between August, 2014 and 16.11.2016 which was the period in question. In his submission, the period stood completely explained and as such the Commission was not justified in imposing liability on the appellant. 11. The learned Advocate for the respondent on the other hand submitted that the transfers effected by the parties were within the family. He submitted that the appellant was not entitled to any extension of period. He further submitted that the order passed by the National Green Tribunal had banned illegal sand mining activity and not sand mining activity itself. The sand was thus available in market. 12. We have gone through the record and considered the rival submissions. The decision of this Court in the case of Haryana Development Authority (supra) turned on individual facts of the case where the very entitlement of the subsequent allottees to claim damages or compensation for delayed delivery of possession was found to be unsustainable. Said decision of this Court related to cases where the original allottees had transferred the allotment in favour of total strangers with the permission of the authority and as found by this Court, the subsequent allottees were aware that there was delay in delivering the allotted plots on account of time taken in forming the layout or on account of encroachment and yet had purchased the interest of the original allottees. In the present case the transfers were effected within the family where the members had been living together. The decision of this Court in Haryana Urban Development Authority (supra) cannot be stretched to say that in every case where there is a transfer, the complaint by the subsequent transferee would not be maintainable at all. 13. At the same time, the appellant is justified in saying that as a result of mandatory requirements to resubmit the plans and get the fresh NOC in respect of fire safety permission, the period between 21.12.2012 to 07.05.2013 stood completely explained. Thus, out of the period between August, 2014 till 16.11.2016, the appellant would be entitled to have a period of 6 months of extension. That still leaves us with a period of a year and 8 months. The Commission has awarded 8% interest on the deposited sum. The deposited sum in either case being Rs.85.86 lakhs, going by the direction issued by the Commission, the interest element in respect of the period of one year and 8 months would be in the region of Rs.11.4 lakhs. We now consider the second part of the submission. It is true that there was no complete ban on sand mining. But as a result of reduced availability of sand in the market, the demand and supply ratio must have been upset. The appellant would therefore be entitled to some benefit on that count.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]12. We have gone through the record and considered the rival submissions. The decision of this Court in the case of Haryana Development Authority (supra) turned on individual facts of the case where the very entitlement of the subsequent allottees to claim damages or compensation for delayed delivery of possession was found to be unsustainable. Said decision of this Court related to cases where the original allottees had transferred the allotment in favour of total strangers with the permission of the authority and as found by this Court, the subsequent allottees were aware that there was delay in delivering the allotted plots on account of time taken in forming the layout or on account of encroachment and yet had purchased the interest of the original allottees. In the present case the transfers were effected within the family where the members had been living together. The decision of this Court in Haryana Urban Development Authority (supra) cannot be stretched to say that in every case where there is a transfer, the complaint by the subsequent transferee would not be maintainable at all.At the same time, the appellant is justified in saying that as a result of mandatory requirements to resubmit the plans and get the fresh NOC in respect of fire safety permission, the period between 21.12.2012 to 07.05.2013 stood completely explained. Thus, out of the period between August, 2014 till 16.11.2016, the appellant would be entitled to have a period of 6 months of extension. That still leaves us with a period of a year and 8 months. The Commission has awarded 8% interest on the deposited sum. The deposited sum in either case being Rs.85.86 lakhs, going by the direction issued by the Commission, the interest element in respect of the period of one year and 8 months would be in the region of Rs.11.4 lakhs. We now consider the second part of the submission. It is true that there was no complete ban on sand mining. But as a result of reduced availability of sand in the market, the demand and supply ratio must have been upset. The appellant would therefore be entitled to some benefit on that count.