Punjab

Ludhiana

CC/20/145

Balwinder Kaur - Complainant(s)

Versus

M/s Ireo Watrfront Pvt.Ltd. - Opp.Party(s)

Neena Gupta Adv.

01 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 145 dated 20.08.2020                                                        Date of decision:01.06.2023

Balwinder Kaur wife of Surinder Pal Singh, resident of House No.6072/03, Ward No.8, Agwar Lopon, Jagraon, District Ludhiana.                                                                                                                      ..…Complainant

                                                Versus

1.M/s Ireo Waterfront Private Limited, having its Corporate Office at Ireo Waterfront Sales Gallery, Sidhwan Canal Road, Off.Ferozepur Road, Village Dewatwal, Ludhiana through its Head.

2.M/s Ireo Waterfront Private Limited, having its registered office at 5, Dhanraj Chambers, Ist Floor, Satbari, New Delhi-110074 through its Managing Director.

3.Advance India Project Limited, AIPL Gateway No.1, Sidhwan Canal village Dewatwal, Ludhiana through Managing Director/Manager.

                                                                                       …..Opposite Parties

Complaint under section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Ms.Neena Gupta, Advocate

For OP1 and OP3          :         Exparte

For OP2                         :         Sh.N.S.Rana, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by raising a consumer dispute against the OPs with regard to non-delivering of possession of plot Type-T and unit No.X110 in Ireo Waterfront at Ferozepur & Sidhwan Canal Road, Ludhiana measuring 100.46 sq.yards despite receiving the payment of Rs.21 lacs against the total sale consideration of Rs.22,12,547/- which was fixed in the Plot Buyer’s agreement dated 29.09.2014 between the parties. So, by filing the present complaint, complainant has prayed that OPs be directed to refund Rs.21 lacs along with interest @18% per annum as well as compensation of Rs.10 lacs and litigation expenses of Rs.22,000/-.

2.                Notice of the complaint was issued to the opposite party no.1 through registered post on 04.12.2020 but none turned up for the opposite party No.1 and as such, the opposite party no.1 was proceeded against exparte vide order dated 23.02.2021. Similarly, notice of the complaint was issued to the opposite party no.3 through registered post on 26.10.2022 but none turned up for the opposite party No.3 and as such, opposite party no.3 was proceeded against exparte vide order dated 01.02.2022.

3.                Opposite party No.2 appeared and filed written statement and took the preliminary objections qua maintainability of the complaint before this Commission in view of arbitration clause no. 33 in the agreement executed between the parties. The complainant has not come to this Hon’ble Commission with clean hands and suppressed the material facts. The answering OPs are ready to execute the sale deed in favour of the complainant. The representative of the Ops many times approached the complainant with request to get the sale deed executed of the property but it is the complainant who did not come forward, rather filed the present false and frivolous complaint, which is hopelessly time barred as the agreement was executed in the year 2014.

                   On merits, the facts regarding booking of plot No.X-110 Type T measuring 100.46 sq.yards by the complainant with the Ops and deposit of booking amount towards the aforesaid plot are not denied. The fact regarding deposit of some amounts towards the purchase of aforesaid plot is also admitted. There is no deficiency in service on the part of the OPs. The rest of the other averments made in the complaint have been denied being wrong and in the end, the opposite parties prayed for dismissal of the complaint.

4.                In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record documents Ex.C1 to Ex.C25 and closed the evidence.

5.                When the case was pending for concluding evidence by the OP2, the parties have effected compromise and executed the settlement agreement Ex.CX in this regard. Pursuant to the said settlement, on 26.05.2023, counsel for the OP2 had got recorded his statement to the effect that the first cheque bearing N.152838 dated 16.03.2023 for the amount of Rs.2,50,000/- already paid to the complainant and remaining seven installments will be paid within the specified period as per clause 1(a) of the settlement agreement Ex.CX to the complainant. Counsel for the complainant had also got recorded her statement on 26.05.2023 to the effect that as per settlement agreement Ex.CX, the OPs have agreed to refund the principal amount of Rs.20,77,184/-(Rs.Twenty lacs seventy seven thousand one hundred eight four only) to the complainant in eight equated installments within a period of 8 months from the signing of this settlement agreement and the complainant had already received the first cheque bearing N.152838 dated 16.03.2023 for the amount of Rs.2,50,000/- and the remaining seven installments will be paid within the specified period. The Ops will be bound to pay the remaining installments within the specific period as per clause 1(a) of the settlement agreement Ex.CX. Further, counsel for both the parties prayed that the complaint may kindly be disposed of in lieu of the terms of agreement Ex.CX.

6.                           In view of above settlement executed between the parties vide settlement agreement Ex.CX and recorded statements of the parties on 26.05.2023, the present complaint stands disposed of with the direction to the OPs to pay the amount of Rs.20,77,187/-(after minus the amount Rs.2,50,000/- which stands already paid to the complainant on 16.03.2023) to the complainant in 7 equated monthly installments as per clause 1(a) of the settlement agreement Ex.CX executed between the parties. Further, the parties shall remain bound by the statements suffered by their respective counsels. Copies of order be supplied to parties free of costs as per rules.          File be indexed and consigned to record room.

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                        Member                     Member                         President

Announced in Open Commission                                           Dated:01.06.2023                                                                                    Gurpreet Sharma.