BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTES

REDRESSAL COMMISSION, NEW DELHI

EA No. 220 of 2019
IN
Consumer Complaint No. 2335 of 2017

IN THE MATTER OF:

STUC AWASIYA GRAHAK KALYAAN ASSOCIATION
…Complainants
Versus
SUPERTECH LIMITED ...Opposite Party
INDEX
S.NO. PARTICULARS PAGES
1. Affidavit in compliance of the order of this Hon’ble
Commission dated 05.12.2019, for the issue of
recovery certificate.
2. ANNEXURE- 1: Copy of the order dated 05.12.219.
3. ANNEXURE- 2: Copy of the order dated
16.04.2019 and 30.05.2019
4. ANNEXURE- 3: Calculation sheet of allottees

(RAHUL RATHORE)(PRIYANJALI SINGH)

ADVOCATE FOR COMPLAINANTS
803, Greenwich A, Grand Omaxe
Sector 93B, Noida - 201304
BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
EA No. 220 of 2019
IN
Consumer Complaint No. 2335 of 2017
IN THE MATTER OF:
STUC AWASIYA GRAHAK KALYAAN ASSOCIATION
…Complainant
Versus
SUPERTECH LIMITED ...Opposite Party

AFFIDAVIT IN COMPLIANCE OF THE ORDER OF THIS

HON’BLE COMMISSION DATED 05.12.2019, FOR THE
ISSUE OF RECOVERY CERTIFICATE

I, SANDEEP BHATIA AGE ____ YEARS S/O RAMESH CHANDRA

BHATIA R/O H.NO. 872, RAJA GARDEN, SECTOR-19,
FARIDABAD, DO HEREBY SOLEMNLY AFFIRM AND STATE ON
OATH AS UNDER:
1) That the deponent is the Secretary of the Complainant-
Association, authorized to sign on behalf of the Association.
2) That vide order dated 05.12.2019, this Hon’ble Commission
directed that “the complainant shall file an affidavit with the
Registry disclosing therein the amount payable to the
concerned allottees as on today and the Recovery Certificate
shall be issued in respect of that amount”. A copy of the
order dated 05.12.219 is annexed herewith as Annexure-1.
3) That this Hon’ble Commission further directed that
recovery certificate shall not be issued if the Managing
Director files an undertaking to comply with the order
within one week from today i.e. 05.12.2019.
4) That since no undertaking of Managing Director has been
filed by OP in terms of the order of this Hon’ble Commission
dated 05.12.2019, the Complainant is now submitting this
affidavit for the issue of recovery certificate.
5) That the amounts payable to the concerned allottees as on
the date of the order i.e. 05.12.2019, calculated as per the
directions of this Hon’ble Commission contained in para
15(i) of the final order dated 16.04.2019 read with order
dated 30.05.2019 (both collectively annexed herewith as
Annexure-2) are set out below:

SN. Name & Particulars Total Total Simple Gross

Principal Interest @10% Total (₹)
(₹) PA Accrued Till
05.12.2019 (₹)
1 Subrata Chatterjee, son of Loknath 2833716 1507562 4341278
Chatterjee resident of B-14/6, DLF
City-1, Gurugram, Haryana
2 Sandeep Bhatia, s/o Ramesh 4010815 2433075 6443890
Chander Bhatia r/o H. No. 872, Raja
Garden, Sector-19, Faridabad.
3 Amrish Manan, s/o Late Mr. M.K. 2452389 1392496 3844885
Manan r/o B-902, Alexandra Tower,
Grand Omaxe, Sector-93B, Noida,
201304
4 Mrs Rajani Bisht, W/o Nakul 2554475 1639597 4190788
Malhotra r/o 166 A New colony
Gurgaon.
5 Navdeep Singh, s/o Joginder Singh 4080571 2489459 6570031
r/o H.NO 73/75, Luxmi Nagar, Near
Sarojini Colony, Yamuna nagar,
State-Haryana, Pin-135001.
6 Mayank Jain, s/o Paras Mal Jain r/o 2763382 1764922 452477
58, Jawahar nagar, Gulab Bagh,
Sawai Madhopur,
Rajasthan,322001.
7 Pankaj Kumar Singla, s/o Ramesh 2772363 1766961 4535759
Kumar r/o Meharmian Patti,
 Samadh Bhai, Moga, Punjab-
142057.
8 Nimit Soni, s/o Vijay Soni r/o V- 1936303 1159378 3095681
33/10, DLF-3, Gurugram, Haryana.
9 Vivek Chandra, s/o Prakash 1914954 1169613 3084567
Chandra r/o 5/76, 2nd Floor, Sector-
2, Rajendra Nagar, Sahibabad,
G.Z.B-201005.
10 Sunil Bhat, s/o Sh. Maharaj Krishan 4245031 2319472 6564504
Bhat r/o 703/9B, Ashok Nagar,
Near-Dadlani Park, Balkum,Thane
West, Maharashtra-400608.
11 Vinod Shah, s/o M.S.Shah r/o C-114 2505085 1773204 4278289
Katwaria Sarai Dda Flats, Phase-1
New delhi – 110016.
12 Manish Bhatla, son of Ravindra 2004955 1219156 3224111
Bhatla resident of G-558, Ground
Floor, Block-G, Sushant Lock-2,
Scottish High School, Sector -57,
Gurugram, Haryana, 122011.
13 Gagan Banati, son of Jawahar Lal 2155845 1152579 3308479
Banati resident of House Number -
42, Old Gandhi Nagar, Ghaziabad –
201001.

Copy of the calculation sheets in respect of each allottee are

collectively annexed herewith as Annexure-3.
6) That thus the gross total amount payable by OP to all
allottees, as set out in para 5 above, comprising principal
along with simple interest of 10% PA, calculated up to
05.12.2019, is ₹5,39,34,739/- (Five crore thirty nine lakh
thirty four thousand seven hundred thirty nine only). In
addition, the OP is also liable to pay to the Complainant-
Association, a sum of ₹25000/- as cost of litigation, as per
the final orders (Annexure-2). The gross total payable by
 OP to the Complainant and Allottees is ₹5,39,59,739/- (Five
crore thirty nine lakh fifty nine thousand seven hundred
thirty nine only).
7) That the recovery certificate may kindly be issued in respect
of the total amounts set out above, in compliance of the
order of this Hon’ble Commission dated 05.12.2019.

DEPONENT
VERIFICATION
Verified that the contents of this Affidavit are true and
correct to the best of my knowledge and belief and that no
part of this Affidavit is false and no material facts have been
concealed therefrom.

DEPONENT
12/20/2019

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

EXECUTION APPLICATION NO. 220 OF 2019

IN
CC/2335/2017
1. STUC AWASIYA GRAHAK KALYAAN ASSOCIATION & 14
ORS. ...........Appellants(s)
Versus
1. SUPERTECH LIMITED ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Appellant : Mr. Rahul Rathore, Advocate

Mr. Karunesh Kumar Shukla, Advocate
For the Respondent : Mr. Shubham Agarwal, Advocate

Dated : 05 Dec 2019

ORDER
The OP has not complied with the order passed by this Commission. The Managing Director of the OP is, therefore,
directed to remain present on the next date of hearing so that proceedings under Section 27 of the C.P. Act may be
initiated against him. In the meanwhile, the Recovery Certificate in terms of Section 25(3) of the C.P. Act be issued to
the concerned Collector requiring him to recover the amount payable by the opposite party to the complainants in
terms of the order of this Commission as arrears of land revenue. The complainant shall file an affidavit with the

-2-

Registry disclosing therein the amount payable to the concerned allottees as on today and the Recovery Certificate
shall be issued in respect of that amount.

The learned counsel for the OP on instructions states that the OP shall file an affidavits of its Managing Director
undertaking therein to comply with the order passed by this Commission in all respects within three months from
today. As is agreed by the learned counsel for the complainants, the Recovery Certificate, in terms of this order shall
not be issued if the undertaking in terms of the statement made by the learned counsel is filed by the Managing
Director of the OP within one week from today.

Re-notify on 16.3.2020.

......................J
V.K. JAIN
PRESIDING MEMBER

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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

CONSUMER CASE NO. 2335 OF 2017

1. STUC AWASIYA GRAHAK KALYAAN ASSOCIATION & 14 ...........Complainant(s)

ORS.
REGD. OFFICE AT: C-114, KATWARIA SARAI DDA FLATS,
PHASE-1,
NEW DELHI-110016
2. SUBRATA CHATTERJEE
S/O LOKNATH CHATTERJEE R/O B-14/6, DLF CITY-1,
GURUGRAM
HARYANA
3. GULSHAN KUMAR SAHNI
S/O LATE SHRI MELA RAM SAHNI R/O B-19, MOTI LAL
ROAD, ADARSH NAGAR,
NEW DELHI-110033
4. CHAKSHU SAHNI
S/O GULSHAN KUMAR SAHNI R/O B-19, MOTI LAL ROAD,
ADARSH NAGAR,
NEW DELHI-110033
5. SANDEEP BHATIA
S/O RAMESH CHANDRA BHATIA R/O H.NO 872, RAJA
GARDEN, SECTOR-19,
FARIDABAD
6. CHANDNI BHATIA
W/O SANDEEP BHATIA R/O H.NO 872, RAJA GARDEN,
SECTOR-19,
FARIDABAD
7. AMRISH MANAN
S/O LATE MR. M.K.MANAN R/O B-0902, ALEXANDRA TOWER,
GRAND OMAXE, SECTOR-93B,
NOIDA-201304
8. NUPUR MANAN
W/O AMRISH MANAN R/O B-0902, ALEXANDRA TOWER,
GRAND OMAXE, SECTOR-93B,
NOIDA-201304
9. MRS RAJANI BISHT
W/O NAKUL MALHOTRA R/O 166, A NEW COLONY
GURGAON
10. NAVDEEP SINGH
S/O JOGINDER SINGH R/O H.NO. 73/75, LUXMI NAGAR, NEAR
SAROJINI COLONY,
YAMUNANAGAR-135001
HARYANA
11. MAYANK JAIN
S/O PARAS MAL JAIN R/O 58, JAWAHAR NAGAR, GULAB
BAGH,
SAWAI MADHOPUR-322001
RAJASTHAN
12. NAMITA JAIN
W/O MAYANK JAIN R/O 58, JAWAHAR NAGAR, GULAB BAGH,
SAWAI MADHOPUR-322001
RAJASTHAN
13. PANKAJ KUMAR SINGLA
S/O RAMESH KUMAR R/O MEHARMIAN PATTI, SAMADH
BHAI,
MOGA-142057
PUNJAB
14. NIMIT SONI
S/O VIJAY SONI R/O V-33/10, DLF-3,
GURUGRAM
1/6
12/20/2019

HARYANA
15. VIVEK CHANDRA
S/O PRAKASH CHANDRA R/O 5/76, 2ND FLOOR, SECTOR-2,
RAJENDRA NAGAR, SAHIBABAD,
GHAZIABAD-201005
16. SUNIL BHAT
S/O SH. MAHARAJ KRISHAN BHAT R/O 703/9B, ASHOK
NAGAR, NEAR-DADLANI PARK, BALKUM,
THANE WEST-400608
MAHARASHTRA
17. ANITA BHAT
W/O SUNIL BHAT R/O R/O 703/9B, ASHOK NAGAR, NEAR-
DADLANI PARK, BALKUM,
THANE WEST-400608
MAHARASHTRA
18. VINOD SHAH
S/O M.S.SHAH R/O C-114, KATWARIA SARAI DDA FLATS,
PHASE-1,
NEW DELHI-110016
19. MANISH BHATLA
S/O RAVINDRA BHATLA R/O G-558, GROUND FLOOR,
BLOCK-G, SUSHANT LOCK-2, SCOTTISH HIGH SCHOOL,
SECTOR-57,
GURUGRAM-122011
HARYANA
20. KANIKA AHUJA
W/O MANISH BHATLA R/O G-558, GROUND FLOOR, BLOCK-
G, SUSHANT LOCK-2, SCOTTISH HIGH SCHOOL, SECTOR-57,
GURUGRAM-122011
HARYANA
21. GAGAN BANATI
S/O JAWAHAR LAL BANATI R/O HOUSE NO. 42, OLD GANDHI
NAGAR,
GHAZIABAD-201001
22. AARTI BANATI
W/O GAGAN BANATI R/O HOUSE NO. 42, OLD GANDHI
NAGAR,
GHAZIABAD-201001
Versus
1. SUPERTECH LIMITED
1114, 11TH FLOOR, HEMKUNT CHAMBER, 89, NEHRU PLACE,
NEW DELHI-110019 ...........Opp.Party(s)

BEFORE:
HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Complainant : Mr. Rahul Rathore, Advocate with

Mr. Karunesh K. Shukla, Advocate
For the Opp.Party : Mr. Shubham Agarwal, Advocate
Mr. Gaurav Vij, Advocate with A.R. of OP

Dated : 16 Apr 2019

ORDER
JUSTICE V.K. JAIN, PRESIDING MEMBER

This is a complaint instituted by a recognized Consumer Association, under Section 12(1)(b) of the Consumer
Protection Act. The complaint was instituted on behalf of the allottees of as many as 14 residential flats in a project
namely “Upcountry”, which the opposite party Supertech Limited was to develop on plot TS1 in Sector 17A of Yamuna
Expressway Industrial Development Area. One allottee having settled with the opposite party, the complaint survives in
respect of 13 allotments. The following are the particulars of the allotments made to the persons on whose behalf this
complaint continues:

Date of Date of Total paid to Due date as

S. No. Name Unit No.
Booking allotment letter OP (INR) per BBA
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12/20/2019

1. Subrata F-1912 01.4.2013 27.4.2013 28,33,716 April-15

Chatterjee
Sandeep Bhatia
2. & Chandni E1-1402 1.11.2012 08.12.2012 40,10,815 April-15
Bhatia
Amrish Manan
3. & Nupur F1-0511 01.9.2012 12.10.2012 24,52,389 April-15
Manan
Mrs. Rajani
4. B1-504 13.11.2011 09.12.2011 25,54,475 Feb,2015
Bisht
5. Mavdeep Singh E1-903 28.8.2012 20.10.2012 40,80,571 April-15
Mayank Jain &
6. B2-905 28.01.2012 14.02.2012 27,63,382 Feb,2015
Namita Jain
Pankaj Kumar
7. B2-808 22.01.2012 14.02.2012 27,72,363 Feb,2015
Singla
8. Nimit Soni H2-403 25.3.2012 26.4.2012 19,36,303 Aug,2015
9. Vivek Chandra C3-606 24.9.2013 16.10.2013 19,14,954 Dec,2015
Sunil Bhat &
10. C3-402 17.4.2013 8.7.2013 42,45,031 Oct,2015
Anita Bhat
11. Vinod Shah B1-505 24.1.2012 14.2.2012 22,05,085 Feb,2015
Manish Bhatla
12. & Kanika B1-1807 13.10.2011 05.3.2013 20,04,955 Feb,2015
Ahuja
Gagan Banati
13. H-714 22.10.2012 22.11.2012 21,55,845 Aug,2015
& Aarti Banati

2. It would thus be seen that the possession of the allotted flats was to be delivered to the above referred allottees by
different dates, falling in the year 2015. Their grievance is that the possession has not even been offered to them
despite they having made more than substantial payments to the opposite party, the payment made to the OP ranging
between 81% to 95% except in case of Mr. Vivek Chandra, who has paid only 42% of the agreed sale consideration.
The complainant is therefore, before this Commission, seeking refund of the amount paid by the said allottees to the
OP, along with compensation etc.

3. The complaint has been resisted by the OP inter-alia on the grounds:

(i) The land on which the apartments were to be constructed was acquired by Yamuna Expressway
Industrial Development Authority (hereinafter referred to as “YEIDA”) and allotted to the OP but the
acquisition was challenged by the land owners by way of Writ Petitions filed in Allahabad High Court
and the farmers whose land had been acquired did not allow the construction to progress

(ii) National Green Tribunal had prohibited the use of ground water for construction purposes.

(iii) Though the OP had completed the constructions of several towers and had applied for the requisite
Occupancy Certificate of the said Towers, the sanctioned plans were cancelled by YEIDA. Later, the
Government of Uttar Pradesh invalidated the cancellations of the sanctioned plans.

4. This is also the case of the OP that one of the allottees

Mr. Vivek Chandra has defaulted in payment of amount of Rs.14,55,969/- despite email sent to him on 12.7.2017,
providing the revised sanction letter etc. to him. It has also been contended by the learned counsel for the OP that in
view of the provisions contained in Section 79 of the Real Estate Regulatory Authority Act (RERA), this Commission
lacks jurisdiction to entertain this consumer complaint.

5. As far as the prohibition on use of the ground water for construction purposes is concerned, the OP has relied
upon the order dated 11.1.2013 passed by National Green Tribunal. A perusal of the said order would show that the
NGT had restrained the builders in Noida and Greater Noida from extracting groundwater for the purpose of
construction, till the next date of hearing before it. The matter was then adjourned by NGT to 24.1.2013. The
subsequent orders passed by the NGT have not been filed by the OP. Therefore, it cannot be known whether the said
interim order dated January 11, 2013 was extended and if so, till which date the injunction against extraction of ground
water in Noida and Greater Noida for construction purposes remained in force. Moreover, the plot on which the
construction was to be raised by the OP does not fall either in Noida or in Greater Noida. The said plot falls in
Yamuna Expressway Industrial Development Area, which is ahead of Greater Noida. No order of the NGT, restraining
builders of Yamuna Expressway Industrial Development Area from extracting ground water for construction purposes
has been placed on record.

In case, there was an order restraining the OP from extracting ground water for construction purposes, it was for the
OP to arrange water for construction purposes from alternative sources and the flat buyers cannot be made to suffer on
account of such an order, if any.

6. As far as challenge to the acquisition of land is concerned, even according to the OP, the writ petition filed by the
farmers in Allahabad High Court came to be decided on 21.10.2011. Though, Civil Appeals were later filed before the
Hon’ble Supreme Court, which eventually upheld the order passed by Allahabad High Court, admittedly, no order was
passed by the Hon’ble Supreme Court at any point of time, restraining the builders, particularly the builders in YEIDA
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from raising construction on the land, which were subject matter of the civil appeals pending before the Hon’ble Apex
Court. Moreover, the agreements with the allottees on whose behalf this complaint has been instituted came to be
executed much later than the decision of the Allahabad High Court on 21.10.2011. Therefore the litigation with
respect to acquisition of the land was very much in the knowledge of the opposite party, and must have been factored
in, while committing the timeline for completion of the construction and delivery of the possession. Therefore, it
cannot be said that the institution of the writ petition challenging the acquisition of land followed by filing of the Civil
Appeals before the Hon’ble Supreme Court had in any manner prevented the OP from proceeding with the
construction.

7. It was submitted during the course of arguments that the allottees other than Mr. Vivek Chandra had delayed
payment of instalments for which interest is payable by them. The contention was that they having delayed the
payment of instalments, they can have no grievance against the OP for the delay in offer of possession and are not
entitled to refund of the amount paid by them to the OP. I however, find no merit in this contention. Three options
were available to the OP if there was delay on the part of the allottees in making timely payment of the instalments.
The first option was to cancel the allotment, forfeit the Earnest Money and refund the balance amount to the allottees,
provided that such forfeiture was otherwise justified in the facts and circumstances of a particular case. The second
option was to accept the delayed payment with interest whereas the third option was to accept the delayed payment
without any interest by waiving the interest for the period the payment was delayed. The OP, according to the learned
counsel did not waive the interest for the delayed payment and the said interest, was adjustable at the time of the
delivery of possession. The OP thus accepted the delayed payments, subject to payment of interest by the concerned
allottees. Having condoned the delay by accepting late payment and not cancelling the allotments, the OP is not
entitled to resist the claim for refund on account of the said delay. In this regard, it has to be kept in mind that in the
event of the complaint being allowed, the allottees would be entitled to interest only from the date they made payment
to the OP and not from the date on which a particular instalment was payable by them.

8. As far as the delay on the part of Mr. Vivek Chandra is concerned, it was an admitted position before me that
demand was raised after the building plans had been cancelled by YEIDA but before the cancellation of the plans was
allegedly invalidated by Government of Uttar Pradesh. The building plan itself having been revoked at the time the
said demand was raised, Mr. Vivek Chandra could not be expected to pay the demand raised after the said
cancellation. An allottee cannot be expected to keep on making payment even after the building plans in respect of the
project in which the allotments had been made to him itself has been revoked, thereby putting a big question mark on
the very fate of the said project. A prudent allottee cannot be expected to keep on making further payments despite
cancellation of the building plans and thereby putting more and more of his money into jeopardy. Mr. Vivek Chandra
had requested the OP on 26.6.2017 to refund the entire amount paid by him, he being no more interested in taking
possession of the allotted flat. Considering the delay which had already happened by that time, coupled with the
cancellation of the building plan itself, Mr. Vivek Chandra, in my opinion, was justified in not making further payment
and seeking refund of the amount, which he had already paid to the OP. Though, the building plans, according to the
OP were restored on 21.2.2017, there is no evidence of Mr. Vivek Chandra having been informed of the said
restoration immediately thereafter or at any point of time before he sought refund of the amount which he had paid to
the OP. Moreover, even at that point of time, the OP was not in a position to deliver possession of the flat allotted to
Mr. Vivek Chandra, within a reasonable period after his making the balance payment, though, the time for delivery of
possession of the allotted flat had already expired way back in December, 2015. The allottee cannot be expected to
keep on making further payments, even after the timeline for the delivery of possession has expired. It would be
pertinent to note here that Mr. Vivek Chandra had been allotted a flat in Tower C-3 and admittedly the OP has not
completed the construction of the said tower even till date. It was admitted during the course of arguments that the OP
is yet to apply for issuance of the part Occupancy Certificate in respect of Tower C-3 and F-1.

9. As far as the alleged agitation by the farmers is concerned, no direct evidence has been led by the OP to prove the
dates on which and the period during which the farmers had actually prevented the construction work on the project in
which allotment was made to the consumers, on whose behalf this complaint is instituted, or the period during which
the OP was actually prevented by the farmers from starting the construction on the said plot. In the absence of such an
evidence, it cannot be known how much delay in the commencement and / or progress of the construction can be
attributed to the alleged agitation by the farmers. The sole complaint to the police was made by the OP in November,
2010, much much before the OP entered into the agreement with the consumers on whose behalf this complaint is
instituted. There is no evidence of any other complaint having been made to the concerned police station, alleging
disruption of construction work by the farmers. In any case, the alleged agitation by the farmers having started much
before the allotments made to the above referred consumers, the said agitation must have been factored in by the
builder while committing the date for delivery of possession to them. If despite the ongoing agitation by the farmers,
the OP chose to make allotments and give a particular timeline for delivery of possession to the allottees, it is only
itself to blame and the allottee cannot be penalised for the alleged disruption of the construction work by the farmers.

Though, in several letters sent to YEIDA, the OP alleged that the farmers had prevented them from carrying out
the construction work such averments appear to have been made only with a view to persuade the Authority to treat a
particular period as zero period and postpone the schedule of the land payment instalments. It would be pertinent to
note here that YEIDA had allotted land to the OP, without taking the entire sale consideration and had permitted it to
pay the bulk of the sale consideration in instalments. This inference find strength from the fact that no direct evidence
of the stoppage or disruption of construction work by the farmers subsequent to the allotments made to the allottees on
whose behalf this complaint is instituted has been produced by the OP and there is no evidence of even any FIR having
been lodged with the concerned police station after November, 2010, alleging disruption or stoppage of construction
work by the farmers. Therefore, I have no hesitation in holding that the alleged disruption / stoppage of the
construction work by the farmers does not stand substantiated during the period after allotment had been made to the
consumers on whose behalf this complaint is instituted. In any case, the agitation by the farmers was very much in the
knowledge of the OP at the time it made allotments to them and committed a particular timeline for completing the
construction and delivering possession of the houses to them.

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10. During the course of arguments, it was submitted by the learned counsel for the OP that they have obtained the
part Occupancy certificate on 07.2.2019 during pendency of this complaint. However, the part Occupancy Certificate
in respect of Tower C-3 and F-1 has not even been applied. The learned counsel for the complainant, on instructions
stated that the complainants are not ready and willing to take possession of the allotted flats at this belated stage, there
being delay of more than three years in obtaining the part Occupancy Certificate. This is also their submission that
they cannot be compelled to accept possession at such a belated stage and are entitled to refund of the amount paid to
the OP, along with appropriate compensation. They also submitted that since the amenities provided to them are still
not available, they cannot enjoy the houses, even if possession is taken by them. In support of their contention, they
have relied upon the decision of the Hon’ble Supreme Court in Pioneer Urban Land & Infrastructure Ltd. Vs.
Govindan Raghavan Civil Appeal No. 12238 of 2018 decided on 02.4.2019.

In Pioneer Urban Land & Infrastructure Ltd. (supra), the builder obtained the occupancy certificate on 23.7.2018
during pendency of the consumer complaint and offered possession on 28.8.2018. This Commission vide its Judgment
dated 23.10.2018, held that since the last date stipulated for construction had expired about three years before the
issuance of the occupancy certificate, the flat purchasers could not be compelled to take possession at such a belated
stage. Rejecting the appeal filed by the Pioneer Urban Land & Infrastructure Ltd. (supra) against the decision of this
Commission, the Hon’ble Supreme Court inter-alia held as under:

“6.1 In the present case, admittedly the appellant – Builder obtained the Occupancy certificate almost
two years after the date stipulated in the Apartment Buyer’s Agreement. As a consequence, there was a failure
to hand over possession of the flat to the respondent – Flat Purchaser within a reasonable period. The
Occupancy Certificate was obtained after a delay of more than two years on 28.8.2018 during the pendency of
the proceedings before the National Commission.

In Lucknow Development Authority V. M.K. Gupta, this court held that when a person hires the services of
a builder, or a contractor, for the construction of a house or a flat, and the same is for a consideration, it is a
“service” as defined by Section 2(o) of the Consumer Protection Act, 1986. The inordinate delay in handing
over possession of the flat clearly amounts to deficiency of service.

In Fortune Infrastructure & Anr. Vs. Trevor D’Lima & Ors., this Court held that a person cannot be made
to wait indefinitely for possession of the flat allotted to him, and is entitled to seek refund of the amount paid by
him, along with compensation.

6.2 The Respondent – Flat Purchaser has made out a clear case of deficiency of service on the part of the
Appellant – Builder. The respondent – flat purchaser was justified in terminating the Apartment Buyer’s
Agreement by filing the Consumer Complaint, and cannot be compelled to accept the possession whenever it is
offered by the Builder. The Respondent – Purchaser was legally entitled to seek refund of the money deposited
by him along with appropriate compensation.

11. Though, there is no evidence of alternative houses having been acquired by the allottees on whose behalf this
complaint is instituted, considering the abnormal delay of more than three years in obtaining the part occupancy
certificate, the said allottees, in my view, cannot be compelled to accept possession at this belated stage and are entitled
to refund of the amount paid by them to the builder with appropriate compensation.

12. The learned counsel for the OP has relied upon the decision of this Commission in Randhir Singh & Anr. Vs.
Omaxe Chandigarh Extension Developers (P) Ltd. in FA/06/2014 decided on November 27, 2014. The said
decision however, is clearly distinguishable on facts. In the said case, no further payment had been made by the
allottee, despite repeated demands and reminders, the payment made by him being only 40% of the sale price. On the
other hand, in the present case, all the payments have been made by the allottee other than
Mr. Vivek Chandra, who did not make further payment on account of the building plan having been revoked in the
meanwhile, by YEIDA.

13. It was contended by the learned counsel for the OP that in view of the provisions contained in Real Estate
Regulatory Authority Act (RERA), this Commission lacks jurisdiction to entertain a complaint, in respect of the
project subject matter of this complaint. Similar contentions were urged before this Commission and rejected vide
order dated 15.04.2019 passed in CC 1764 of 2017 Ajay Nagpal Vs. M/s. Today Homes & Infrastructure Pvt.
Ltd. and connected matters. The following was the view taken by this Commission while rejecting such contentions:

“40. From the various decisions of the Hon’ble Supreme Court referred to above, the following
principles emerge:-

(i) The Consumer Protection Act, 1986 is a supplement Act and not in derogation of any
other Act;

(ii) Any Consumer who is aggrieved by any defect in goods purchased or deficiency in service
as also regarding unfair trade practice, can approach the Consumer Fora by filing the
complaint under the Act. Even a Class Action Complaint is permissible under the Act.

(iii) The Consumer Fora constituted under the Consumer Protection Act, 1986 are not Civil
Courts.

(iv) The Consumer Fora can provide for the reliefs as contemplated under Section 14 of the
Act.

5/6
12/20/2019

(v) A Consumer cannot pursue two remedies for the same cause of action. However, if a
Consumer has not approached for redressel of its grievance under the particular Statute, the
Consumer can approach the Consumer Fora under the Consumer Protection Act. But, if the
Consumer had already approached the Authority under the relevant Statute, he cannot
simultaneously file any complaint under the Consumer Protection Act.

(vi) Mere availability of a right to redress the grievance in a particular Statute will not debar
the Complainant/Consumer from approaching the Consumer Fora under the Act.

(vii) Even though under Sections 14, 15, 18 and 19 of RERA, various provisions have been
made which are to be followed by the Developer/Promoters and the rights and duties and the
return of amount as compensation as also rights and duties of Allottees, yet same cannot mean
to limit the right of the Allottee only to approach the Authorities constituted under the RERA, he
can still approach the Consumer Fora under the Consumer Protection Act.

(viii) Section 71 of RERA which gives the power to adjudicate, does not expressly or impliedly
bar any person from invoking the provisions of the Consumer Protection Act. It has also given a
liberty to the person whose Complaint is pending before the Consumer Fora to withdraw it and
file before the RERA Authorities.

(ix) Section 79 of RERA only prohibits the jurisdiction of Civil Court from entertaining any
suit or proceeding in respect of any matter which can be decided by the Authorities constituted
under the RERA. As the Consumer Fora are not Civil Courts, the provisions of Section 79 which
bar the jurisdiction of Civil Courts, will not be attracted. So far as to grant injunction is
concerned, only that power has been taken away by Section 79. But, it does not, in any manner,
effect the jurisdiction of the Consumer Fora in deciding the Complaints. Both, the Consumer
Protection Act, 1986 and the Real Estate (Regulation and Development) Act, 2016 are
supplemental to each other and there is no provision in the Consumer Protection Act which is
inconsistent with the provisions of RERA.

41. Applying the aforesaid principles to the present case, we are of the considered opinion that this
Commission has jurisdiction to proceed with the Complaint Cases filed by the Consumers and neither Section
71 nor Section 79 and nor Section 89 creates any embargo or prohibits the jurisdiction of the Consumer Fora.”

14. During the course of hearing, the learned counsel for the complainant, restricted the claim to the refund of the
principal amount, along with interest at the rate of 10% per annum, from the date of each payment.

15. For the reasons stated hereinabove, the complaint is disposed of with the following directions:-

(i) The opposite party shall refund the entire amount received from the allottees, on whose behalf this
complaint continues, along with compensation, in the form of simple interest @ 10% per annum to them
from the date of each payment, till the date of refund.

(ii) The opposite party shall pay a sum of Rs.25,000/- as the cost of litigation to the complainant.

(iii) The payment in terms of this order shall be made within three months from today.

......................J
V.K. JAIN
PRESIDING MEMBER

6/6
12/20/2019

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

MISCELLANEOUS APPLICATION NO. 168 OF 2019

IN
CC/2335/2017
1. STUC AWASIYA GRAHAK KALYAAN ASSOCIATION & 14
ORS. ...........Appellants(s)
Versus
1. SUPERTECH LIMITED ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Appellant : Mr. Rahul Rathore, Advocate

For the Respondent :

Dated : 30 May 2019

ORDER
MA 168 of 2019 (correction of order)

In the table appearing in the order dated 16.04.2019, the name of the allottee at serial no.5 will be read as
Navdeep Singh. In the said table, the total amount paid by the allottee Vinod Shah shall be read as
₹25,05,085/-.

The application stands disposed of.

......................J
V.K. JAIN
PRESIDING MEMBER

1/1
 SCHEDULE-A
SUBRATA CHATTERJEE
FLAT NO. F-1912
INTEREST
Sl.No NO. OF DAYS UP @10% PA
. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP TILL 05.12.219 TO 05.12.2019 SIMPLE
1 2013/5001146 1-Apr-13 200000 5-Dec-19 2439 133644
2 2013/5001147 1-Apr-13 130991 5-Dec-19 2439 87531
3 2013/5015636 20-May-13 690633 5-Dec-19 2390 452223
4 2013/5065293 14-Dec-13 272433 5-Dec-19 2182 162863
5 2014/5010719 17-Jun-14 272433 5-Dec-19 1997 149054
6 2014/5023951 17-Sep-14 272433 5-Dec-19 1905 142188
7 2015/5047288 18-Feb-15 272434 5-Dec-19 1751 130694
8 2016/900565 8-Jan-16 19344 5-Dec-19 1427 7563
9 2016/900566 8-Jan-16 26227 5-Dec-19 1427 10254
10 2016/5047077 15-Mar-16 228382 5-Dec-19 1360 85096
11 2016/5004328 16-May-16 275780 5-Dec-19 1298 98072
12 2017/5026905 15-Feb-17 172626 5-Dec-19 1023 48383
TOTAL PRINCIPAL 2833716 TOTAL INTEREST 1507562

GRAND TOTAL 4341278

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
SANDEEP BHATIA
No. of Intrest
Date Amount Till Date Days @10%
1-Nov-12 28125 5-Dec-19 2590 19957
1-Nov-12 150000 5-Dec-19 2590 106438
1-Nov-12 240000 5-Dec-19 2590 170301
8-Dec-12 -6600 5-Dec-19 2553 -4616
8-Dec-12 85000 5-Dec-19 2553 59453
8-Dec-12 275255 5-Dec-19 2553 192528
8-Dec-12 6600 5-Dec-19 2553 4616
8-Dec-12 66000 5-Dec-19 2553 46164
20-Dec-12 422193 5-Dec-19 2541 293916
19-Feb-13 337753 5-Dec-19 2480 229487
20-Aug-13 337753 5-Dec-19 2298 212646
12-Nov-13 337753 5-Dec-19 2214 204873
18-Mar-14 337753 5-Dec-19 2088 193213
18-Jul-14 337753 5-Dec-19 1966 181924
19-Sep-14 337752 5-Dec-19 1903 176094
17-Nov-14 211096 5-Dec-19 1844 106647
16-Mar-15 506629 5-Dec-19 1725 239434
4010815 2433075
Grand Total 6443890
 SCHEDULE-A

AMRISH MANAN
FLAT NO. F1 - 0511

NO. OF DAYS UP TO INTEREST

Sl.No. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP TILL 05.12.2019 05.12.2019 @10% PA
1 2012 / 295610 11-Sep-12 308693 5-Dec-19 2641 223358
2 2012 / 295612 30-Oct-12 318973 5-Dec-19 2592 226515
3 2012 / 274918 22-Dec-12 63828 5-Dec-19 2539 44400
4 2012 / 274917 22-Dec-12 250000 5-Dec-19 2539 173904
5 2013 / 5066544 18-Dec-13 251065 5-Dec-19 2178 149814
6 2014 / 5010488 16-Jun-14 207325 5-Dec-19 1998 113489
7 2014 / 5023754 17-Sep-14 251065 5-Dec-19 1905 131035
8 2014 / 900754 12-Feb-14 43740 5-Dec-19 2122 25429
9 2015 / 5047348 18-Feb-15 251065 5-Dec-19 1751 120442
10 2016 / 5047616 18-Mar-16 252483 5-Dec-19 1357 93868
13 2016 / 5004786 18-May-16 254152 5-Dec-19 1296 90241

TOTAL PRINCIPAL 2452389 TOTAL INTEREST 1392496

GRAND TOTAL 3844885

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL
THE DATE OF ACTUAL PAYMENT.
RAJNI BHIST

No. of Intrest
Date Amount Till Date Days @10%
15-Nov-11 100000 5-Dec-19 2942 80603
24-Nov-11 129395 5-Dec-19 2933 103977
7-Feb-12 75000 5-Dec-19 2858 58726
7-Feb-12 15000 5-Dec-19 2858 11745
7-Feb-12 110000 5-Dec-19 2858 86132
3-Mar-12 14000 5-Dec-19 2833 10866
3-Mar-12 70000 5-Dec-19 2833 54332
10-Mar-12 23713 5-Dec-19 2826 18360
31-Mar-12 10000 5-Dec-19 2805 7685
4-Sep-12 260477 5-Dec-19 2648 188971
27-Sep-12 208381 5-Dec-19 2625 149863
19-Oct-12 5415 5-Dec-19 2603 3862
24-Apr-13 214710 5-Dec-19 2416 142120
27-Aug-13 208381 5-Dec-19 2291 130795
8-Oct-13 6329 5-Dec-19 2249 3900
8-Jan-14 208382 5-Dec-19 2157 123145
11-Mar-14 6329 5-Dec-19 2095 3633
29-May-14 208381 5-Dec-19 2016 115095
18-Jun-14 6329 5-Dec-19 1996 3461
24-Jul-14 208381 5-Dec-19 1960 111898
6-Aug-14 6329 5-Dec-19 1947 3376
17-Sep-14 130239 5-Dec-19 1905 67974
11-Nov-14 3955 5-Dec-19 1850 2005
15-Dec-14 156286 5-Dec-19 1816 77758
7-Jan-15 4747 5-Dec-19 1793 2332
24-Feb-15 161032 5-Dec-19 1745 76987
2551191 1639597
Grand Total 4190788
 SCHEDULE-A
NAVDEEP SINGH
FLAT NO. E1-903
NO. OF INTEREST
Sl.No DAYS UP TO @10% PA
. CHEQUE NO. RECEIPT DATE AMOUNT PAID TO OP TILL 05.12.219 05.12.2019 SIMPLE
1 46339 5-Sep-12 339161 5-Dec-19 2647 245961
2 775241 20-Oct-12 492745 5-Dec-19 2602 351266
3 20928 4-Dec-12 456696 5-Dec-19 2557 319937
4 385350 12-Feb-13 343627 5-Dec-19 2487 234137
5 386198 20-Aug-13 343627 5-Dec-19 2298 216344
6 42300 13-Nov-13 343627 5-Dec-19 2213 208342
7 42805 12-Mar-14 343627 5-Dec-19 2094 197138
8 386504 18-Jul-14 343627 5-Dec-19 1966 185088
9 386673 17-Sep-14 343627 5-Dec-19 1905 179345
10 386863 18-Nov-14 214767 5-Dec-19 1843 108443
11 447252 17-Mar-15 515441 5-Dec-19 1724 243458
TOTAL PRINCIPAL 4080572 TOTAL INTEREST 2489459

GRAND TOTAL 6570031

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
 SCHEDULE-A
Mayank Jain
FLAT NO. B2-905
INTEREST
Sl.No TILL NO. OF DAYS UP TO @10% PA
. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP 05.12.2019 05.12.2019 SIMPLE
1 172335 28-Jan-12 50000 5-Dec-19 2868 39288
2 866893 28-Jan-12 90000 5-Dec-19 2868 70718
3 777913 3-Feb-12 140000 5-Dec-19 2862 109775
4 777915 1-Mar-12 9851 5-Dec-19 2835 7651
5 777914 5-Mar-12 289851 5-Dec-19 2831 224813
6 925826 19-Jul-12 293463 5-Dec-19 2695 216680
7 931350 1-Sep-12 224840 5-Dec-19 2651 163302
8 353406772 10-Sep-12 5872 5-Dec-19 2642 4250
9 463927007 18-Jul-13 32418 5-Dec-19 2331 20703
10 LB20501307 18-Jul-13 200000 5-Dec-19 2331 127726
11 968986 29-Aug-13 224840 5-Dec-19 2289 141002
12 LB20501309 3-Sep-13 7578 5-Dec-19 2284 4742
13 Fund Tans 30-Oct-13 20250 5-Dec-19 2227 12355
14 LB20501312 18-Dec-13 150000 5-Dec-19 2178 89507
15 525963071 18-Dec-13 62168 5-Dec-19 2178 37096
16 LB20501405 19-May-14 132418 5-Dec-19 2026 73501
17 592590379 20-May-14 100000 5-Dec-19 2025 55479
18 634757334 19-Aug-14 232418 5-Dec-19 1934 123150
19 2050141020 20-Oct-14 145261 5-Dec-19 1872 74501
20 2050150119 19-Jan-15 74313 5-Dec-19 1781 36261
21 709079180 19-Jan-15 100000 5-Dec-19 1781 48795
22 NB20501502 16-Feb-15 5684 5-Dec-19 1753 2730
23 5735 18-Feb-15 168630 5-Dec-19 1751 80896
TOTAL PRINCIPAL 2759855 TOTAL INTEREST 1764922

GRAND TOTAL 4524777

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
PANKAJ KUMAR
No. of Intrest
Date Amount Till Date Days @10%
22-Jan-12 40000 5-Dec-19 2874 31496
22-Jan-12 100000 5-Dec-19 2874 78740
14-Feb-12 150844 5-Dec-19 2851 117824
1-Mar-12 290844 5-Dec-19 2835 225902
18-Jun-12 298032 5-Dec-19 2726 222585
29-Aug-12 227813 5-Dec-19 2654 165648
30-Jul-13 225560 5-Dec-19 2319 143308
2-Sep-13 225560 5-Dec-19 2285 141207
10-Sep-13 20250 5-Dec-19 2277 12633
17-Jan-14 225560 5-Dec-19 2148 132741
23-May-14 225560 5-Dec-19 2022 124954
29-Aug-14 100000 5-Dec-19 1924 52712
2-Sep-14 143310 5-Dec-19 1920 75385
10-Nov-14 140975 5-Dec-19 1851 71492
19-Jan-15 100000 5-Dec-19 1781 48795
31-Jan-15 80000 5-Dec-19 1769 38773
23-Feb-15 105443 5-Dec-19 1746 50439
1-Apr-15 69047 5-Dec-19 1709 32329
2768798 1766961
Grand Total 4535759
NIMIT
SONI
No. of
Date Amount Till Date Days Intrest @10%
2-Apr-12 100000 5-Dec-19 2803 76795
2-Apr-12 90000 5-Dec-19 2803 69115
24-Apr-12 12398 5-Dec-19 2781 9446
10-May-12 100000 5-Dec-19 2765 75753
10-May-12 100000 5-Dec-19 2765 75753
22-Jun-12 180000 5-Dec-19 2722 134236
27-Jul-12 20000 5-Dec-19 2687 14723
17-Aug-12 10300 5-Dec-19 2666 7523
21-Feb-13 162578 5-Dec-19 2478 110375
26-Apr-13 162572 5-Dec-19 2414 107520
29-May-14 162600 5-Dec-19 2016 89809
12-Jun-14 2000 5-Dec-19 2002 1097
21-Jul-14 162545 5-Dec-19 1963 87418
11-Nov-14 151618 5-Dec-19 1850 76847
17-Jan-15 10955 5-Dec-19 1783 5351
11-Mar-15 162572 5-Dec-19 1730 77055
27-Jul-15 102067 5-Dec-19 1592 44518
30-Dec-15 122648 5-Dec-19 1436 48253
22-Jan-16 123450 5-Dec-19 1413 47790
-2000
1936303 1159378
Grand
Total 3095681
 SCHEDULE-A
VIVEK CHANDRA
FLAT NO. C3/606
INTEREST
Sl.No TILL NO. OF DAYS UP TO @10% PA
. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP 05.12.2019 05.12.2019 SIMPLE
1 5047541 25-Sep-13 450000 5-Dec-19 2262 278877
2 5053218 19-Oct-13 15000 5-Dec-19 2238 9197
3 5054094 23-Oct-13 694162 5-Dec-19 2234 424865
4 5054453 24-Oct-13 37689 5-Dec-19 2233 23057
5 5060754 22-Nov-13 718103 5-Dec-19 2204 433616
TOTAL PRINCIPAL 1914954 TOTAL INTEREST 1169613

GRAND TOTAL 3084567

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
 SCHEDULE-A
SUNIL BHAT
FLAT NO. C3-402

NO. OF INTEREST
Sl.No TILL DAYS UP TO @10% PA
. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP 05.12.2019 05.12.2019 SIMPLE
1 2013/5007922 15-Apr-13 427418 5-Dec-19 2425 283969
2 2013/5020679 12-Jun-13 460000 5-Dec-19 2367 298307
3 2013/ 1-Aug-13 452175 5-Dec-19 2317 287038
4 2013/5035710 14-Aug-13 150000 5-Dec-19 2304 94685
5 2013/5035714 14-Aug-13 207228 5-Dec-19 2304 130809
6 2014/5010991 18-Jun-14 357226 5-Dec-19 1996 195349
7 2014/5019583 20-Aug-14 357225 5-Dec-19 1933 189182
8 2014/5032573 18-Nov-14 357226 5-Dec-19 1843 180375
9 2015/5047329 18-Feb-15 357226 5-Dec-19 1751 171371
10 2015/5002887 21-Apr-15 357225 5-Dec-19 1689 165302
11 2015/5015532 15-Jul-15 224142 5-Dec-19 1604 98500
12 2015/5024109 19-Sep-15 268970 5-Dec-19 1538 113336
13 2015/5028423 16-Oct-15 150000 5-Dec-19 1511 62096
14 2015/5028911 19-Oct-15 58971 5-Dec-19 1508 24364
15 2015/5028913 19-Oct-15 60000 5-Dec-19 1508 24789
TOTAL
TOTAL PRINCIPAL 4245032 INTEREST 2319472

GRAND TOTAL 6564504

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
 SCHEDULE-A
Vinod Shah
FLAT NO. B1/505

INTEREST
Sl.No TILL NO. OF DAYS UP @10% PA
. CHEQUE NO. RECEIPT DATE AMOUNT PAID TO OP 05.12.2019 TO 05.12.2019 SIMPLE
97960 - SBI (Paid 100000 less
1 1000 as bank charges) 24-Jan-12 99,000 5-Dec-19 2872 77898
2 97961 - SBI 13-Feb-12 170,000 5-Dec-19 2852 132833
3 97963 - SBI 5-Mar-12 147775 5-Dec-19 2831 114617
4 25173 - HDFC Bank, Indiabulls 15-Mar-12 970,821 5-Dec-19 2821 750325
5 97964 - SBI 24-May-12 4,758 5-Dec-19 2751 3586
6 97965 - SBI 10-Jul-12 50000 5-Dec-19 2704 37041
7 872072 - AXIS Bank, Indiabulls 1-Aug-12 202201 5-Dec-19 2682 148576
8 873335 - AXIS Bank, Indiabulls 17-Aug-12 249528 5-Dec-19 2666 182258
9 275910 - SBI 16-Dec-13 82455 5-Dec-19 2180 49247
10 275912 - SBI 17-May-14 100000 5-Dec-19 2028 55562
11 9496 - AXIS Bank, Indiabulls 4-Jun-14 94728 5-Dec-19 2010 52165
12 780159 - AXIS Bank, Indiabulls 2-Aug-14 166909 5-Dec-19 1951 89216
13 275915 - SBI 18-Feb-15 66910 5-Dec-19 1751 32098
14 274018 - AXIS Bank, Indiabulls 25-Feb-15 100,000 5-Dec-19 1744 47781
TOTAL PRINCIPAL 2505085 TOTAL INTEREST 1773204
GRAND TOTAL 4278289

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
 SCHEDULE-A
MANISH BHATLA
FLAT NO. B1-1807
INTEREST
Sl.No TILL NO. OF DAYS UP TO @10% PA
. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP 05.12.2019 05.12.2019 SIMPLE
1 801227 18-Feb-13 419900 5-Dec-19 2481 285417
2 5008904 27-Apr-13 550900 5-Dec-19 2413 364198
3 5035360 13-Aug-13 169000 5-Dec-19 2305 106725
4 5063447 7-Dec-13 170000 5-Dec-19 2189 101953
5 5004943 7-May-14 167100 5-Dec-19 2038 93301
6 5017435 6-Aug-14 169000 5-Dec-19 1947 90149
7 5028641 22-Oct-14 105055 5-Dec-19 1870 53823
8 5039164 10-Jan-15 127000 5-Dec-19 1790 62282
9 5045048 7-Feb-15 127000 5-Dec-19 1762 61308
TOTAL PRINCIPAL 2004955 TOTAL INTEREST 1219156

GRAND TOTAL 3224111

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.
 SCHEDULE-A
GAGAN BANATI
FLAT NO. H-714
INTEREST
Sl.No TILL NO. OF DAYS UP @10% PA
. RECEIPT NO. RECEIPT DATE AMOUNT PAID TO OP 05.12.2019 TO 05.12.2019 SIMPLE
1 2012/5038160 28-Oct-12 100000 5-Dec-19 2594 71068
2 2012/5038159 28-Oct-12 125000 5-Dec-19 2594 88836
3 2012/5045817 27-Nov-12 115000 5-Dec-19 2564 80784
4 2012/5051267 20-Dec-12 339850 5-Dec-19 2541 236591
5 2013/5067048 20-Feb-13 181294 5-Dec-19 2479 123131
6 2013/5004697 17-Apr-13 181293 5-Dec-19 2423 120349
7 2014/5085933 20-Mar-14 181294 5-Dec-19 2086 103611
8 2014/5014121 14-Jul-14 181293 5-Dec-19 1970 97849
9 2014/13000253 11-Oct-14 70000 5-Dec-19 1881 36074
10 2014/5027729 16-Oct-14 111294 5-Dec-19 1876 57202
11 2015/5046570 16-Feb-15 175200 5-Dec-19 1753 84144
12 2015/13000452 16-Feb-15 7000 5-Dec-19 1753 3362
13 2015/5015515 17-Jul-15 112961 5-Dec-19 1602 49579
14 2015/5035684 16-Dec-15 136761 5-Dec-19 1450 54330
15 2016/5013054 19-Aug-16 32500 5-Dec-19 1203 10712
16 2016/5010388 21-Jul-16 55809 5-Dec-19 1232 18837
17 2016/5013883 26-Aug-16 49351 5-Dec-19 1196 16171

TOTAL PRINCIPAL 2155900 TOTAL INTEREST 1152579

GRAND TOTAL 3308479

*INTEREST IS CALCULATED UP TO 05.12.2019 WITHOUT PREJUDICE TO THE INTEREST THAT WILL CONTINUE ACCRUING UP TILL THE DATE OF ACTUAL PAYMENT.