Chandigarh

StateCommission

CC/9/2017

Mr. Shubham Setia - Complainant(s)

Versus

M/s Omaxe Chandigarh Extension Developers Pvt.Ltd. - Opp.Party(s)

Devinder Singh Soundh, Adv.

05 May 2017

ORDER

                    By filing this complaint, the complainants are seeking refund of amount of Rs.18,62,784.48. It is on record that even Buyer’s Agreement has not been signed between the parties and possession of the unit, in question, has not been offered.

                        At the time of arguments, settlement has been arrived at between the parties.

                        It is stated by Sh. Munish Gupta, Advocate, Counsel for the Opposite Party that the entire amount paid shall be returned to the complainants with 8.50% interest (simple) from the respective dates of payments made. It is further stated that the said amount will be paid in three equated installments and interest will be calculated on decreasing balance. First installment shall be paid on or before 30.06.2017 and thereafter, the next two installments will be paid on 31.07.2017 and 31.08.2017 respectively. 

                        Besides as above, the Opposite Party shall pay an amount of Rs.45,000/- as compensation. The said amount be paid with the last installment. The cheques will be handed over to the Counsel for the complainants within three weeks from today. It is made clear that if any cheque, on presentation,  bounced, the complainants/their Counsel shall immediately intimate through SMS to the Opposite Party on Telephone/Mobile No.971777707 & 9999534220 and upon getting SMS/intimation of dishonour of the cheque, the Opposite Party shall make the payment through demand draft for the amount, in question, within seven working days thereafter, failing which, for each default, the Opposite Party shall be bound to pay compensation of Rs.20,000/-.

                        In view of above settlement, this complaint stands disposed of.

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