On the oral prayer of the learned counsel appearing for the parties, First Appeal no. 212 of 2012 is directed to be listed before the Circuit Bench today for disposal along with two other connected appeals, namely, First Appeal nos. 562 and 623 of 2013. Vide order dated 20th November 2014, we had directed the Developer Company to place before us a complete statement for the amounts, which, according to the Company, were due from the Complainant in terms of the agreement to sale dated 28.12.2007. The said information has been placed before us. We are happy to note that on our suggestion, the parties have agreed to settle the disputes, giving rise to the appeal nos. 212 of 2012, 562and 623 of 2013, on the following terms: - On payment of a lumpsum amount of Rs.3,88,000/- by the Complainant to the Developer Company, conveyance deed in respect of Plot no. 283 Pinewood Park, Sector 108, Mohali, ad-measuring 300 sq yards shall be executed by the Company within six weeks of the receipt of the said amount;
- The requisite stamp paper for the purpose will be purchased by the Developer Company and a copy of the standard format of the conveyance deed shall be e-mailed to the Complainant within two weeks of the receipt of the said amount. Clerical errors, if any, as may be pointed by the Complainant, shall be carried out in the final conveyance deed;
- The conveyance deed shall be executed on a mutually agreed date;
- As the Complainant is not interested in becoming member of the club to be provided as per the terms of agreement to sale for the said plot, she will file the requisite undertaking to that effect on the format to be provided by the Company;
- Admittedly, out of a sum of Rs.70,71,069/-, deposited by the developer company with the State Commission, the Complainant has already withdrawn a sum of Rs. 70,00,000/-. It will be open to the Developer Company to withdraw the balance amount lying in the said account along with interest accrued, if any;
- Any other document, which is required to be executed in terms of the agreement to sale, shall be signed by the Complainant;
- Complainant shall continue to pay regular maintenance charges, as are being paid by the other allottees, in terms of the Maintenance Agreement to be signed between the parties;
- In view of the settlement, Appeal no. 212 of 2012 stands withdrawn;
- The aforesaid settlement has been arrived at between the parties on the peculiar circumstances of these three appeals and shall therefore, be binding on the parties to the present settlement; and
- The statutory amounts deposited by the Appellants at the time of filing the three appeals shall stand transferred to the “Consumer Legal Aid Account, NCDRC”.
All the three appeals stand disposed of in the above terms with no order as to costs. |