Chandigarh

StateCommission

EA/94/2015

Sanjay Gupta - Complainant(s)

Versus

Ansal Lotus Melange Projects Pvt.Ltd. - Opp.Party(s)

Ravinder Pal Singh, Adv.

23 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Execution Application No.	:	94 of 2015
Date of Institution	:	06.11.2015
Date of Decision	:	23.12.2015

 

Sanjay Gupta S/o Sh.Joginder Pal, r/o 240-A, Agar Nagar, Ludhiana.

……Decree Holder/Complainant.

 

Versus

1. Ansal Lotus Melange Projects Pvt. Ltd., Registered Office at 1/18B, Asaf Ali Road, New Delhi 110002, through its Managing Director Sh.Vinod Chopra Dewan.

 

2. Ansal Lotus Melange Projects Pvt. Ltd., Registered Office at SCO No.183-184, Sector 9-C, Chandigarh, through its Assistant Manager – Sales & Marketing Sh.Himanshu Pant.

 

….Judgment Debtors/Opposite Paries.

 

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh. Ravinder Pal Singh, Advocate for the Decree Holder/complainant.

Sh.Gaurav Chopra, Advocate for the Judgment Debtors/Opposite Parties.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

 

(ORAL)

 

            The matter has amicably been settled between the parties.

2.         Sh.Gaurav Chopra, Advocate, Counsel  for Judgment Debtors/Opposite Parties has filed reply/objections, which is taken on record. Copy of the same has been supplied to the Counsel  opposite.

3.         It is stated at the bar that in terms of order dated 18.12.2015 symbolic possession of the flat has been handed over to the Decree Holder/complainant. Actual possession will be handed over after affecting some repairs etc. on or before 07.01.2016. It is further agreed that as per the table shown at Page No.2 of the objections filed today by Sh.Gaurav Chopra, Advocate, Counsel  for Judgment Debtors/Opposite Parties, the Decree Holder/complainant shall make payment of an amount of Rs.70,000/- (claimed amount  by the builder is Rs.72,185/-) to the Judgment Debtors/Opposite Parties i.e. Ansal Lotus Melange Projects Pvt. Ltd.  and Rs.27,000/- to Star Facilities Management Limited towards Interest Free Maintenance Security. The above amount shall be paid within 3 days from the date when possession is handed over to the Decree Holder/complainant i.e. on or before 07.01.2016. The stamp duty, registration charges and other statutory payment for registration etc. shall be made by the Decree Holder/complainant, as and when occasion arises.

4.         This Execution Application is disposed of in view of above-mentioned terms.

5.         It is made clear that if the Judgment Debtors/Opposite Parties fails to stick to their commitment, as recorded above, compensation amount of Rs.3 lacs shall be payable by the Judgment Debtors/Opposite Parties to the Decree Holder/complainant.

6.         Liberty shall remain with the Decree Holder/complainant to file fresh Execution Application, in case any default is committed by the Judgment Debtors/Opposite Parties.  

7.         Certified copies of this order be sent to the parties, free of charge.

8.         File be consigned to the Record Room after completion.

Pronounced

December 23, 2015.

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

Sd/-

(DEV RAJ)

MEMBER 

 

 

Sd/-

(PADMA PANDEY)

      MEMBER

rb