Chandigarh

StateCommission

CC/184/2015

Sreedhara Bhasin - Complainant(s)

Versus

M/s Emaar MGF Land Limited - Opp.Party(s)

Mukand Gupta, Adv.

06 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Consumer Complaint No.	:	184 of 2015
Date of Institution	:	24.08.2015
Date of Decision	:	06.11.2015

 

Sreedhara Bhasin w/o Bhupinder Bhasin, resident of House No.564, Top Floor, Sector 16-A, Chandigarh, through her General Power of Attorney Harsh Kumar son of Hakam Rai resident of House No.9625, Kotwali Sarai, Ambala City.

……Complainant

V e r s u s

M/s Emaar MGF Land Limited, SCO No.120-122, 1st Floor, Sector 17-C, Chandigarh 160017, U.T., through its Managing Director.

 

 

……Opposite Party

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

 

 

Argued by:

 

Sh.Mukand Gupta, Advocate for the complainant.

Sh.Sanjeev Sharma, Advocate for the Opposite Party alongwith Sh.Sachin Kapoor, Sr. Manager (Legal).

               

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            At the time of arguments, consensus arrived at between the parties. It is stated that for purchase of property, in dispute, the complainant had paid an amount of Rs.76,79,655/- to the Opposite Party. It is agreed that the Opposite Party shall refund that amount alongwith interest @12% p.a. (simple). The interest is to be calculated upto 15.01.2016. By doing so, amount due comes to Rs.1,47,20,980/-. It is further agreed that the said amount will be paid in 6 monthly equated installments. The first payment shall start from 15.01.2016. Thereafter, the remaining five installments shall be paid, on every 15^th of each month concerned upto 15th June 2016.

            We appreciate the efforts made by the parties to settle the dispute amicably. We are hopeful that the Opposite Party will continue this process in future also. 

2.         Over and above, the amount which as per Agreement has become due, as a goodwill gesture, the Opposite Party shall pay an amount of Rs.1 lac to the complainant and the same shall be added in the last installment. If possible, the amount be transferred to the account of the complainant through RTGS/NEFT.

3.         A cancelled cheque has been supplied by the Counsel  for the complainant to the Counsel  for the Opposite Party to give detail of her bank account.

4.         It is made clear that in terms of order dated 26.08.2015 passed by this Commission in Execution Application No.48 of 2015 titled as “Mr.Brij Mohan Jain Vs. The Managing Director, M/s Shipra Estate Ltd. & Anr.”  TDS is not to be deducted from the amount payable to the complainant.

5.         The complaint stands disposed of in terms of the aforesaid Agreement between the parties.

6.         In case of non compliance of the aforesaid order, liberty shall remain with the complainant to file a fresh complaint.

7.         Certified copies of this order be sent to the parties, free of charge. 

8.         File be consigned to the Record Room after completion.

Pronounced

November 6, 2015.                            Sd/-

                             

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

Sd/-

(DEV RAJ)

MEMBER 

 

Sd/-

(PADMA PANDEY)

      MEMBER

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