Chandigarh

StateCommission

EA/140/2016

Ajit Singh Ubhi - Complainant(s)

Versus

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

Sandeep Bhardwaj,Adv.

12 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                UNION TERRITORY, CHANDIGARH

 

Execution Application No.	140 of 2016
Date of Institution	18.11.2016
Date of Decision	12.05.2017

 

Sh. Ajit Singh Ubhi son of S. Sarwan Singh, resident of House No.911, Phase 3 B 2 Mohali.

 

….… Decree Holder/Complainant

 

V E R S U S

 

1. M/s Emaar MGF Land Private Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi – 110001, through its Managing Director/Director namely Shravan Gupta.
2. M/s Emaar MGF Land Limited (Mohali Hills), SCO 120-122, 1^st Floor, Sector 17-C, Chandigarh – 160017, through its Managing Director/Director namely Shravan Gupta.
3. Shravan Gupta, Director/Managing Director of M/s Emaar MGF Land Private Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi – 110001.
4. Shravan Gupta, Director/Managing Director of M/s Emaar MGF Land Limited (Mohali Hills), SCO 120-122, 1^st Floor, Sector 17-C, Chandigarh – 160017.

.….. Judgment Debtors

 

Execution Application No.	141 of 2016
Date of Institution	18.11.2016
Date of Decision	12.05.2017

 

Sh. Ajit Singh Ubhi son of S. Sarwan Singh, resident of House No.911, Phase 3 B 2 Mohali.

 

….… Decree Holder/Complainant

 

V E R S U S

 

1. M/s Emaar MGF Land Private Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi – 110001, through its Managing Director/Director namely Shravan Gupta.
2. M/s Emaar MGF Land Limited (Mohali Hills), SCO 120-122, 1^st Floor, Sector 17-C, Chandigarh – 160017, through its Managing Director/Director namely Shravan Gupta.
3. Shravan Gupta, Director/Managing Director of M/s Emaar MGF Land Private Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi – 110001.
4. Shravan Gupta, Director/Managing Director of M/s Emaar MGF Land Limited (Mohali Hills), SCO 120-122, 1^st Floor, Sector 17-C, Chandigarh – 160017.

.….. Judgment Debtors

 

Execution Application No.	142 of 2016
Date of Institution	18.11.2016
Date of Decision	12.05.2017

 

1. Surinder Kaur W/o Sh. Ajit Singh Ubhi son of S. Sarwan Singh, resident of House No.911, Phase 3 B 2 Mohali.

 

2. Gurpreet Singh Ubhi S/o Sh. Ajit Singh Ubhi Corr Add. House No.911, Phase 3B2, Mohali.

 

(In the amended memo of parties, the name of the decree holders has wrongly been stated that Sh.Ajit Singh Ubhi instead of Surinder Kaur & Gurpreet Singh).

 

….… Decree Holders/Complainants

 

V E R S U S

 

1. M/s Emaar MGF Land Private Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi – 110001, through its Managing Director/Director namely Shravan Gupta.
2. M/s Emaar MGF Land Limited (Mohali Hills), SCO 120-122, 1^st Floor, Sector 17-C, Chandigarh – 160017, through its Managing Director/Director namely Shravan Gupta.
3. Shravan Gupta, Director/Managing Director of M/s Emaar MGF Land Private Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi – 110001.
4. Shravan Gupta, Director/Managing Director of M/s Emaar MGF Land Limited (Mohali Hills), SCO 120-122, 1^st Floor, Sector 17-C, Chandigarh – 160017.

.….. Judgment Debtors

 

BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                SH.DEV RAJ, MEMBER

                SMT.PADMA PANDEY, MEMBER                                                              

Argued by:   

Sh. Sandeep Bhardwaj, Advocate for the decree holder(s)

Sh. Sanjeev Sharma, Senior Advocate assisted by Sh. Ashim Aggarwal, Advocate for the Judgment Debtors.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

            Vide this common order, we are disposing of the aforesaid three Execution Applications bearing Nos.140, 141 & 142 all of 2016.

2.             At the time of hearing, consensus has been arrived at between the parties.

3.             It is stated that as per demand raised by the Decree Holder(s), qua payment of compensation amount in terms of Clause 8 of the Buyer’s Agreement, shall be paid with interest @12% p.a. up-to the date of issuance of completion certificate i.e. 16.10.2015. The amount shall be paid within five weeks from today. It is further agreed between the parties that in case, in following appeals, before the Hon’ble National Commission, if it is held that possession offered by the Judgment Debtors in the year 2014 onwards was justified and correct, then, liberty shall remain with the Judgment Debtors to move an application to get the money back with interest and holding charges if granted by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi.

1.	FA No.809 of 2016	Emaar MGF Land Ltd.	Vs.	Mandeep Saini
2.	FA No.710 of 2017	Emaar MGF Land Ltd.	Vs.	Pradeep Pabla
3.	FA No.711 of 2016	Emaar MGF Land Ltd. & Anr.	Vs.	Puran Kaur & Anr.
4.	FA No.712/2016	Emaar MGF Land Ltd. & Anr.	Vs.	Kanwaldeep Kaur & Anr.
5.	FA No.713 of 2016	Emaar MGF Land Ltd.	Vs.	Naresh Kumar Sharma & Anr.

 

4.                It was also agreed that in case, those appeals are dismissed and it is held that possession offered, in Sector 109, Mohali, was only a paper possession, then it will be open to the Decree Holder(s), in these cases, to move an application to further get the penalty amount, awarded, in terms of order passed.

5.             With above said observations, these three Execution Applications bearing Nos.140, 141 and 142 of 2016 stand disposed of.

6.             Certified copies of the order be sent to the parties free of charge.

7.           The file be consigned to Record Room, after completion.

Pronounced.                                                                                    

12.05.2017                                                            

[JUSTICE JASBIR SINGH [RETD.]

                                                                                 PRESIDENT

 

                                                                                                                                                     [DEV RAJ]

                                                                                                MEMBER

 

 

[PADMA PANDEY]

MEMBER

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