Chandigarh

StateCommission

CC/156/2018

Ashok Kumar Kundu - Complainant(s)

Versus

M/s Manohar Infrastructure and Constructions Private Limited - Opp.Party(s)

Veer Singh, Adv.

30 Aug 2018

ORDER

Rejoinder not filed.

                   In this case, the complainant is seeking refund of an amount of Rs.29,25,000/- paid by him to the Opposite Party.

                   At the time of arguments, the matter has amicably been settled between the parties.

                   Sh.I.P.Singh, Advocate, Counsel for the Opposite Party on getting instructions from Sh.Arvinder Singh, Company Secretary states that to satisfy claim raised by the complainant, interest to the extent of Rs.7,75,000/- shall be paid and the total amount of Rs.37 lakhs shall be paid within three months from today i.e. on or before 30.11.2018.

                   The offer made is acceptable to the Counsel for the complainant.

                   In view of above, this complaint stands disposed of having become infructuous.

                   However, we make it very clear that in case, any default is committed in making the payment, as referred to above, from 30.11.2018 onwards on the amount referred to above, the complainant shall start getting interest @7% p.a. (simple) till the time of making the payment. For committing default, further penalty of Rs.50,000/- shall be deemed to have been imposed. On getting the draft for the payment, the complainant shall hand over all original documents qua the plot, in question, to the Opposite Party, with an undertaking that the plot was not put under any encumbrance. Further, it is made clear that this order shall be treated as an executable decree and if need be, it shall be open to the complainant, in case of not making the payment, as committed, to get it executed, as per law.

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