NCDRC

NCDRC

FA/377/2013

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

Versus

JOT PREET SINGH - Opp.Party(s)

M/S. CHAMBERS OF JAITLEY & BAKHSHI

26 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 377 OF 2013
 
(Against the Order dated 20/03/2013 in Complaint No. 67/2012 of the State Commission Chandigarh)
WITH
IA/6917/2013
1. EMAAR MGF LAND PVT. LIMITED & ANR.
THROUGH ITS AUTHORISED SIGNATORY, SCO NO. 120-122, SECTOR-17-C,
CHANDIGRAH
PUNJAB
2. MAAR MGF LAND PVT. LIMITED.,
THROUGH ITS AUTHORIZED SIGNATORY, ECE HOUSE, 28 KASTURBA GANDHI MARG,
NEW DELHI
...........Appellant(s)
Versus 
1. JOT PREET SINGH
S/O. SH. SANMUKH SINGH, R/O HOUSE NO. 1089, SECTOR-21-B,
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :
Mr.Amit Mahajan, Ms.Sonali Jaitley,
Mr.Bhaskar Subramanian and Ms.Neha
Jain, Advocates
For the Respondent :
Mr.Rajeev Ranjan Kumar, Advocate
with the respondent in person

Dated : 26 Mar 2014
ORDER

Mr.Amit Mahajan, Advocate appearing for the appellant states that, since the company is not in a position to offer the same plot which was allotted to the complainant in Augusta Park, Sector 109, SAS Nagar, Mohali, as per his instructions, the appellant is willing to refund to the complainant a sum of `51,70,472/-, stated to have been deposited by him, along with interest @ 12% from the respective dates of deposits till realization.  The respondent, who is present in person, and has been identified by his counsel Mr.Rajeev Ranjan Kumar, states that the offer made by the appellant company is acceptable to him.

 

          In that view of the matter, with the consent of both the parties, we dispose of the appeal with a direction that the complainant would be entitled to refund of the aforesaid amount of `51,70,472/- along with interest @ 12% from the date of each deposit till the date of refund, as full and final settlement of his claim against the appellant company.

 

 

It is pointed out that the principal amount of Rs.51,70,472/- has already been deposited by the appellant in this Commission in terms of order dated 3.12.2013.  If that be so, the said amount shall be released to the complainant forthwith.  Interest payable on the said amount on agreed terms shall be paid by the appellant to the complainant directly within 6 weeks from today.

 

In case, the aforesaid amount has been invested in a Fixed Deposit Receipt, the office is directed to get the FDR encashed forthwith and release the entire amount so received to the complainant.

 

The appeal stands disposed of in the above terms.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER

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