STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution: 15.04.2019
Date of final hearing: 03.03.2023
Date of Pronouncement:03.03.2023
Execution Application No.34 of 2019 in
Consumer Complaint No.188 of 2016
In The Matter Of
Archana Saksena D/o Late Shri Raj Bahadur Singh, R/o A-209, Rangoli Ashiana, Village Bhiwadi, Rajasthan.
Through Counsel, Mr. Deepam Raghav, Advocate
.….Decree Holder-complainant.
Versus
1. M/s Landmark Apartments Pvt. Ltd., Landmark House 85-P, Sector-44, Gurgaon (Haryana), through its Authorized Signatory/Managing Director.
2. M/s Landmark Apartments Pvt. Ltd., Registered office: A-8, CR Park, New Delhi-110019, through its Authorized Signatory Mr. Dinesh Kumar.
3. Mr. Sandeep Chhilar, Chairman and Managing Director, M/s Landmark Apartments Pvt. Ltd., M/s Landmark Apartments Pvt. Ltd., Landmark House 85P, Sector-44, Gurgaon (Haryana).
Through Counsel, Mr. Shubhnit Hans, Advocate
….Judgment Debtors-opposite parties.
CORAM: S.P. Sood, Judicial Member.
S.C. Kaushik, Member.
Present:- Mr. Deepam Raghav, counsel for Decree Holder-complainant.
Mr. Shubhnit Hans, counsel for Judgment Debtors-opposite parties.
O R D E R
PER S.P. SOOD, JUDICIAL MEMBER:
Since efforts for settling the dispute amicably were already underway, so finally the same has happened today and as a result thereof learned counsel for both the parties has suffered the following statements.
2. Mr. Rajesh Grewal, Authorized Representative along with Mr. Shubhnit Hans, counsel for Judgment Debtor-opposite party has suffered a statement that they have compromised the matter with the Decree Holder-complainant @ Rs.55,00000/- (Rs. Fifty five lacs only) as full and final settlement against the booking of two units in the project of the Judgment Debtors-opposite parties i.e. Unit No.6 on second floor in Landmark-the outlet and an executive suite admeasuring 150 square feet in landmark corporate centre part and parcel Landmark Cyber Park. Today, we have paid Rs.5,00,000/- (Rs.Five lacs only) bearing No. 758996 dated 03.03.2023 of IDBI Bank issued in favour of Ms. Archana Saksena (Decree Holder-complainant) in the court and remaining fifty lacs will be paid through post dated cheques in five equal installment of Rs.10,00,000/- each (Rs. Ten lacs only) within the period of six months. We have assured that the said cheques will be honoured on our presentation. We have also received all original documents such as allotment letter, receipts and memorandum of understanding dated 29.06.2012 towards Unit No.6 on second floor in Landmark-the outlet. Decree Holder-complainant has not have any documents pertaining to the second unit i.e. executive suite admeasuring 150 square feet in landmark corporate centre part and parcel Landmark Cyber Park. Decree Holder-complainant shall now have no claim whatsoever in the aforementioned both the units.
The detail of cheques has to be paid in following manners:-
Sr. No. | Post dated Cheques Nos. | Amount |
1. | 758997 dated 03.04.2023 | Rs.10,00,000/- |
2. | 758998 dated 03.05.2023 | Rs.10,00,000/- |
3. | 758999 dated 03.06.2023 | Rs.10,00,000/- |
4. | 759000 dated 03.07.2023 | Rs.10,00,000/- |
5. | 759001 dated 03.08.2023 | Rs.8,16,600/- |
6. | TDS certificate to be issued | Rs.1,83,400/- |
3. On the other hand, Ms. Archana Saksena, Decree Holder-complainant in person along with Mr. Deepan Sharma, Advocate has also suffered a statement that she have compromised the matter with the Judgments Debtors-opposite parties @ Rs.55,00000/- (Rs. Fifty five lacs only) as full and final settlement against my booking of two units in the project of the Judgment Debtors-opposite parties i.e. Unit No.6 on second floor in Landmark-the outlet and an executive suite admeasuring 150 square feet in landmark corporate centre part and parcel Landmark Cyber Park. The Judgments Debtors-opposite parties has paid Rs.5,00,000/- (Rs.Five lacs only) bearing No. 758996 dated 03.03.2023 issued in favour of Ms. Archana Saksena of IDBI Bank today in the court and remaining fifty lacs will be paid through post dated cheques in five equal installment of Rs.10,00,000/- each (Rs. Ten lacs only) within the period of six months. The Judgment Debtors-opposite parties have assured that the said cheques will be honoured on its presentation. I have also returned all original documents such as allotment letter, receipts and memorandum of understanding dated 29.06.2012 towards Unit No.6 on second floor in Landmark-the outlet. I do not have any documents pertaining to the second unit i.e. executive suite admeasuring 150 square feet in landmark corporate centre part and parcel Landmark Cyber Park. I shall now have no claim whatsoever in the aforementioned both the units.
4. Ms. Archana Saksena, Decree Holder-complainant also suffered a statement that she may be permitted to withdraw the present execution application in lieu of the compromise being fully satisfied. Of course both the parties shall remain bound by their respective statements. Her statement in this regard recorded separately.
5. In view of the statement suffered by Ms. Archana Saksena, Decree Holder-complainant, the present execution application is hereby dismissed as withdrawn being fully satisfied. Needless to say that both the parties shall remain bound by their respective statements.
6. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on the website of the Commission for the perusal of the parties.
7. Application(s), pending, if any, stand disposed off accordingly in terms of this order.
8. File be consigned to record room alongwith a copy of this order.
Pronounced on 03rd March, 2023
J.Y.
S.P.Sood
Judicial Member
Addl. Bench
S.C.Kaushik Member
Addl. Bench
