DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT OF NCT OF DELHI

CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

LOK ADALAT

CC No:-          326/2021

Date:-             10.12.2023

Present:-       Sh. Rohit Gupta Counsel for Complainant

                        Sh. Manish  Advocate for OP

Settlement agreement filed which is exhibited CW-1/A, and bears signature of both the parties. The settlement deed reads as under…..

SETTLEMENT AGREEMENT

This Deed of Settlement/Agreement is executed on this 23rd day of August 2023 at Delhi by and between:

Mr. Dinesh Malik, 5/o Late Mr. Bhoga Ram Malik It/o D-604, Indian Oil Apartments, C-58/23, Sector-62, NOIDA, UP-201301 (hereinafter referred to as the "First Party")

AND

M/S GS PROMOTERS PVT. LTD, having its registered office at Sikka House, C 60. Preet Vihar, Delhi-110092 (hereinafter referred to as the "Second Party")

Unless repugnant to the context, the expressions "First Party" and "Second Party" shall mean and include their respective legal heirs, nominees, assigners, representatives, administrators, etc. The First Party and the Second Party are collectively referred to as the "Parties".

WHEREAS & Memorandum of Understanding (MOU) dated 13.05.2010 was executed between members of the group of employees of Indian Oil Corporation Lad/HPCL/BPCL/NTPC/SAIL, their blood relations/relatives, including the First Party and the Second Party.

AND WHEREAS under and in terms of the MOU, a Flat Allotment Agreement dated 07.12.2010 was executed between the parties on payment of Rs. 3.60 Lakhs vide cheque no. 739451 dated 21.6.2010, acknowledged vide receipt no. 0138 dated 21.5.2010, booking in favour of the First Party herein was confirmed, and he was allotted Flat No.502, Block-B, Tower- 'Happiness' in Sikka Karmic Greens, Plot No. 1(C), Sector-76, Noida.

AND WHEREAS by and as per Clause 1 of the MoU, all dues of the First Party that had fallen due towards the Second Party against all the heads admittedly stood paid, as acknowledged by the Second Party in Invoice No. RECT/2018-19/0041 dated 26.04.2016.

AND WHEREAS a delayed offer of possession for fit-out was made by the Second Party much after the stipulated date of July 2014, without compliance with the representations made and with multiple significant deficiencies and insufficiencies in the state of the flat as per, the MoU dated 13.05.2010 and the Flat Allotment Agreement dated 07.12.2010.

AND WHEREAS the First Party, because of the acts and omissions on the part of the Second Party, filed the present Consumer Complaint No. 326 of 2021 before the Hon'ble District Consumer Disputes Redressal Commission (East Delhi), which is pending for adjudication.

AND WHEREAS the parties have now voluntarily arrived at an amicable solution resolving all their disputes regarding the present Settlement/Agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. That the Second Party shall hand over to the First Party the possession of Flat No 502, Block-B, Tower 'Happiness' in Sikka Karmic Greens, Plot No.1(C), Sector-78, Noida, complete in all respects and conformity with the Buyer's Agreement with all additional facilities with warranties and as per quality standards promised and execute all necessary and required documents in respect of the said Unit in favour of the Complainants immediately, latest by October 15th, 2023.

2. That there shall be complete disclosure and communication of terms of any agreement or other future contract/ and all further documentation between the parties, and there shall be no unilateral imposition of terms by the Second Party on the First Party. Moreover, there shall be ample and adequate opportunity for the parties to examine and understand the terms of any such future documentation between the parties.

3. That the Second Party shall provide to the First Party an additional covered parking beside the one already promised, making it a total of two covered parking to be handed over to the First Party at no additional costs or charges whatsoever at the time of handing over of possession of the flat, immediately, and not later than October 15th, 2023.

4. That the Second Party shall ensure that all old, rusted fittings are replaced with fresh, new ones and that the entire flat is redone with fresh whitewash and paint, repairs in flooring, where required and deep cleaning of the entire flat, at no additional costs whatsoever, before handing over of possession to the First Party, latest by October 15th, 2023.

5. The Second Party shall ensure that the IGL gas connection, which the First Party has already paid for, is installed and fully functional at no additional costs whatsoever before handing over possession to the First Party, latest by October 15th, 2023.

6. That the Second Party shall provide an enhanced electricity load of 5kW for Flat No.502, Block-B, Tower Happiness in Sikka Karmic Greens, Plot No.1(C), Sector-78, Noida at no additional costs whatsoever, and the same shall be secured before handing over of possession of the flat, latest by 15th, 2023

7. The First Party shall have no Maintenance Charges in respect dues towards the Second Party towards of the said flat for five years from the date of taking possession of the flat. This is inclusive of the two years maintenance charges that have already been paid in advance by the First Party.

8. That both the parties agree and undertake that subject to the fulfilment of the terms of the present Agreement, they shall have no claim or right against each other qua the possession, handing over, maintenance charges upto 5 years, repair and furnishing charges, electricity (fixed or rental), water, gas, or any other utilities and services or any other matter, whatsoever.

9. That after the warranties and commitments in this settlement agreement has been adhered to, no claim in respect to the Consumer Case 326/2021 shall lie against the second party.

10. That both the parties shall cooperate and sign all necessary documents at no additional costs whatsoever, to hand and take over the possession of Flat No.502, Block-B, Tower- 'Happiness' in Sikka Karmic Greens, Plot No.1(C), Sector-78, Noida and for compliance of all the terms above of this settlement deed/agreement as early as possible, latest within the stipulated time frame, by October 15th, 2023. The present settlement AGREEMENT shall be simultaneously drawn and executed in two counter parts, one part to be retained by each of the parties. Both the counterparts shall be considered as original however, when taken together, shall constitute one and single AGREEMENT.

IN WITNESS WHEREOF both the parkles have signed this Settlement TARY Deed/Agreement at the place and on the day, month and year first written in the presence of the following witnesses at New Delhi.

Matter is disposed off as per settlement. Parties are bound by the terms & conditions of the settlement which is forming part of this order as stated herein above.

File be consigned to record room.