NCDRC

NCDRC

FA/652/2013

EMAAR MGF LAND LIMITED & ANR. - Complainant(s)

Versus

HARBHAJAN SINGH & ANR. - Opp.Party(s)

M/S. CHAMBERS OF JAITLEY & BAKHSHI

11 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 652 OF 2013
 
(Against the Order dated 01/08/2013 in Complaint No. 34/2013 of the State Commission Chandigarh)
WITH
IA/5718/2013
1. EMAAR MGF LAND LIMITED & ANR.
THROUGH ITS AUTHORIZED SIGNATORY,SCO NO120-122, SECTOR 17C,
CHANDIGARH
2. EMMAR MGF LIMITED
THORUGH ITS AUTHORIZED SIGNATORY, ECE HOUSE, 28 KASTURBA GANDHI MARG.
NEW DELHI
...........Appellant(s)
Versus 
1. HARBHAJAN SINGH & ANR.
HARBHAJAN SINGH S/O SH.JODHA SINGH, SINGH, RESIDENT OF HOUSE NO 1696 PHASE VII,
MOHALI
PUNJAB
2. SMT. HARBANS KAUR W/O SH. HARBAJAN SING
HOUSE NO 1696. PHASE VII
MOHALI
PUJNAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Appellant :
Mr Amit Mahajan, Advocate along with
Ms S Jaitley and
Mr Bhaskar Subramanian, Advocates
For the Respondent :
Mr Sunil Toni, Advocate

Dated : 11 Feb 2014
ORDER

Learned counsel for the Appellants states that appellants are not in a position to hand over the possession of the plot to the respondent. However, appellants are ready to refund the amount paid by the respondent along with interest @ 12% per annum from the respective date of deposits till refund. Learned counsel for respondents on instruction states that the respondents have no objection and they are willing to accept the amount as already deposited by the appellants in terms of order dated 25.09.2013, passed by this Commission. In view of the above statement made by the learned counsel for the parties, Registry is directed to release the amount of Rs.57,73,667/- (Rupees fifty seven lakh seventy three thousand six hundred sixty seven only) lying deposited with this Commission to the respondents after due identification. Further, the learned counsel for the appellant states that present case may not be treated as a precedent. In view of the above, the appeal stand disposed of. However, it shall not be treated as precedent. File be consigned to record room. Dasti to both the parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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