District Consumer Disputes Redressal Commission-I, U.T., Chandigarh

Execution Application No. 10  OF  2021

in CC/574/2014

BEFORE:

          RAJAN DEWAN, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.Savinder Singh Gill, Counsel for Complainant.

Sh.Vipul Sharma, Counsel for JD.

Dated :  19^th October 2021

ORDER

1.        Both the parties have filed miscellaneous application No.27 of 2021 jointly for withdrawal/disposal of the present execution application in terms of out of the court settlement and for release of the amount. Per contents of the miscellaneous application, during the pendency of the present execution application, the parties have arrived at an amicable out of court settlement by entering into a settlement agreement, copy of which is annexed with the miscellaneous application, and all the disputes between the parties have come to an end to mutual satisfaction of all the parties. Hence, a prayer has been made to dispose of the present execution in terms of settlement agreement and to release the amount of Rs.4,97,048/- and Rs.4,00,000/-, deposited by JD with this Commission, alongwith accrued interest in favour of JD Emaar India Ltd. In para No.1 of the miscellaneous application, it has been stated that the name of JD company i.e. Emaar MGF Land Ltd. has been changed to Emaar India Ltd. w.e.f 07.10.2020 and copy of the certificate of incorporation pursuant to change of name is attached with the miscellaneous application.

2.        Office was directed to make a report about deposit of the said amount. We have perused the office report dated 18.10.2021 which shows that the amount Rs.4,97,048/- and Rs.4,00,000/- was deposited and invested in FDR. Per contents of the miscellaneous application, which are supported by affidavit of both the parties, since the matter has been settled between the parties, let this amount of Rs.4,97,048/- and Rs.4,00,000/- alongwith upto date interest be refunded by way of cheque/draft to the JD namely Emaar India Limited against proper receipt and identification. Office to take necessary steps for release of the amount.

3.        In view of the above, the present execution application as well as miscellaneous application No.27 of 2021 are accordingly disposed of being settled. This execution application be not listed on 18.11.2021, as already ordered, as it stood disposed of today.

4.        Certified copies of this order be sent to the parties free of cost. The file be consigned.