NCDRC

NCDRC

MA/411/2013

MANJIT SINGH KANWAR & ANR. - Complainant(s)

Versus

M/S. EMAAR MGF LAND LTD. & ORS. - Opp.Party(s)

MR. ANUPAM GUPTA

19 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 411 OF 2013
 
IN
CC/101/2011
1. MANJIT SINGH KANWAR & ANR.
...........Appellants(s)
Versus 
1. M/S. EMAAR MGF LAND LTD. & ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Appellant :
Mr.Rajesh Bhatia, Advocate and
Mr.Anupam Gupta, Advocate
For the Respondent :
Ms.Yashmeet Kaur, Adv. for OP no.1-2
NEMO for OP no.3

Dated : 19 Jul 2013
ORDER

The matter has been put up today by the Registry because counsel for the OPs. has moved an application U/o 23 R 3 CPC along with affidavits of the contesting parties. It is submitted by the learned counsel for the parties that the parties have arrived at an amicable settlement and terms and conditions of settlement are detailed in the application U/o 23 R 3 r/w Section 151 of the CPC. It is stated that in terms of the settlement the OPs. have agreed to pay to the complainants Rs.1,17,17,033/- in full and final settlement of the claim. The amount is to be paid in three equal installments. The first installment has been paid to the complainants vide two cheques in respective names of the complainants worth Rs.19,52,842/- drawn on The Hongkong and Shanghai Banking Corporation Limited. Those cheques have been accepted subject to encashment. It is also agreed that second settlement shall be payable latest by 15.08.2013 and third installment shall be payable latest by 15.09.2013. Learned Ms.Yashmeet Kaur, counsel for the OPs. states that terms and conditions of the settlement recorded in the application are correct and the OPs. undertake to abide by the aforesaid terms and conditions. In view of the said undertaking given on behalf of the OPs., the complainants seek to withdraw the complaint. In view of the above, the complaint is dismissed as settled/withdrawn. It is made clear that the OPs. shall be bound by their undertaking given and in the event of failure of the OPs. to pay the balance installments in time OPs. shall be liable to pay the balance amount with interest @ 18% p.a. on the date of default till the date of payment.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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