1.       These First Appeals arising out of Consumer Complaints that were filed before the State Consumer Disputes Redressal Commission, U. T. at Chandigarh. The State Commission disposed of the Complaints in terms of its order dated 31.07.2017 in Consumer Complaint No. 76 of 2017 and Consumer Complaint No. 80 of 2017 decided on the same date.

2.       The Order passed by the State Commission on 31.07.2017 in the case of Tarsem Chand Singla proceeded to hold that the Complainants were entitled for physical possession for which a direction was issued and also to execute the conveyance deed together with delay compensation as well as other pecuniary benefits as entailed therein.

3.       The Order in the case of Tarsem Chand Singla being Consumer Complaint No. 76 of 2017 has been assailed by the Builder in First Appeal No. 2258 of 2017 and by Mr. Tarsem Chand Singla in First Appeal No. 2522 of 2017. Thus, the builder and the buyer both preferred Appeals in that case being aggrieved by the Orders of the State Commission referred to above.

4.       In the aforesaid two Appeals, learned Counsel for both the Parties have presented a settlement deed dated 21.02.2020, whereunder the Parties have finally settled their disputes and have undertaken to withdraw their respective Appeals in terms of the aforesaid settlement.

5.       However, since the terms of settlement have been drawn up therefore it is prayed by learned Counsel for both the Parties to dispose of the Appeals in terms thereof.

6.       Thus, withdrawal of the Appeals shall be subject to the terms of the settlement aforesaid which are extracted herein under:

“In First Appeals No. 2258 and 2522 of 2017

1. That the Second Party hereby acknowledges & confirms that the First Party has handed over physical possession of the said Plot on 21.02.2020 complete in all respect and Second Party has taken over physical possession of the said Plot to his entire satisfaction.
2. That the Second Party also acknowledges & conforms that a sum of Rs.3,75,419/- alongwith an interest of Rs.2,92,978/- is due and outstanding from him towards the said Plot. However, it is agreed between the parties that the First Party shall settle the interest amount by reducing the same to Rs.85,452/- and as such, a total sum of rs.4,60,871/- is still due and outstanding from the Second Party towards the said Plot.
3. That it is further agreed between the parties that the First Party shall pay to the Second party a sum of Rs.3,79,754/- towards delay penalty @ 7% p.a. on the entire deposited amount from 30.10.2015 to 31.07.2017.
4. That after adjusting the above referred delay penalty amount of Rs.3,79,754/- from the above referred due amount of Rs.4,60,871/-, a sum of 81,117/- is still balance and outstanding from the Second Party. However, as a goodwill gesture  & to settle the dispute between the parties for ever, the First Party has agreed to pay the said balance amount of Rs.81,117/- as compensation / litigation expenses to the Second Party by adjusting the said amount from the above said due amount and as such, the Second Party shall not pay anything as full and final settlement of all their disputes & differences including the disputes raised in the above referred consumer complaints being Complaint No. 76 of 2017 and First Appeal No. 2522 of 2017 w.r.t. the said Plot.
5. That in view of the foregoing paras, the Second Party undertakes not to claim/demand/seek any relief with regard to the said Plot against the First Party in any Court of Law/Forum and all such claim/demand with regard to the said Plot shall be considered duly satisfied and hereby stands resolved/settled forever.
6. That the Second Party hereby undertakes that he shall not file any kind of litigation with regard to the said Plot on the similar issues/disputes which were already raised and/or connected with matter contained in above referred Complaint case No. 76 of 2017 and First Appeal No. 2522 of 2017.
7. That both the parties confirm that no dispute or differences remain after the execution of this Settlement Deed, and hence, the Second Party and the First Party undertake that they shall immediately proceed to withdraw the above referred First Appeal No. 2522 of 2017 titled as “Tarsem Chand Singla versus M/s Omaxe Chandigarh Extension Developers Private Limited and Ors.” And First Appeal No. 2258 of 2017 titled as M/s Omaxe Chandigarh extension Developers Private Limited & Ors. Versus Tarsem Chand Singla” both pending the Hon’ble National Consumer Disputes Redressal Commission, New Delhi.
8. That both the Parties confirm and that this is the full and final settlement of all their demands/dues/claims etc. w.r.t. the said Plot and the parties undertake that after execution of this Settlement Deed, neither party will drag the other Party into any litigation. Both the parties shall indemnify to each other that they will not claim any loss/damages or raise any dispute or initiate any litigation after the settlement and compliance of the terms and conditions contained therein, as far as the disputes raised in the consumer complaint, referred to above is concerned.
9. That the Second Party confirms that he is execution this Settlement Deed willfully and voluntarily with full knowledge of all future affects which may arise due to signing of this Settlement Deed and he is not under any type of influence and/or pressure from anybody.
10. That the Second Party confirms and assures that the present understanding between the parties will not be disclosed to any third party or person and agrees to maintain confidentiality regarding the present Settlement Deed.
11. That this deed between both the parties supersedes all prior oral or written negotiations between the parties with respect to the subject matter hereof. No modification, variation or amendment to this deed will be effective unless made in writing and signed by duly authorized representatives of each of the parties. Both Parties make no representation or warranty to each other, except those specifically set forth herein and disclaim all warranties, express or implied.”

7.       Learned Counsel for both the Parties have confirmed the aforesaid settlement having been arrived at upon instructions from their client and a Xerox copy of the said settlement has been placed before the Commission that shall be taken on record.

8.       Accordingly, the Order of the State Commission dated 31.07.2017 shall stand modified in terms of the aforesaid settlement and the Appeal No. 2258 of 2017 and 2522 of 2017 shall stand disposed of as withdrawn on the Principles of Order 23 Civil Procedure Code, 1908 accordingly. 

9.       Since the aforesaid Appeals have been disposed of, Appeal No. 2526 of 2017 also would stand disposed of in terms of a separate settlement which is dated 06.04.2023. The terms of the settlement in this Appeal in Paragraph No.-1 to 12 are extracted herein under:

“1. That the First Party has intimated to the Second Party that due to developmental issues at site, the First Party is unable to offer possession of the aforesaid earlier plots bearing no. OCE/II/1028 to the Second Party and in lieu of the aforesaid plot, the First Party, in order to amicably settle all the disputes, has offered various alternate plots and the Second Party, out of the offered alternate plots, have selected and agreed to take possession of the new plot being plot no. OCEA/II/1007A admeasuring 321.37 sq. yds. (hereinafter referred to as "new Plot ") in place of earlier allotted plot no. OCE/ІI/1028.

2. That accordingly, it is agreed between the parties that the area of the new Plot no:OCE/II/1007A will be Rs.321.37 sq.yd & the total cost of the said new Plot is fixed at Rs.36, 61,924/- including other charges. As per the location of the new Plot No. OCE/II/1007A, PLC charges of Rs.2,89,233/- is chargeable for the new Plot No. OCE/II/1007A, however, the First Party, as a goodwill gesture, has agreed to waive off the PLC charges for the new Plot No. OCE/II/1007A and further a sum of Rs. 35,964/- from the new plot calculation has also been waived off by the First Party. Since Second Party (Mrs. Anjana Goyal) has already paid a sum of Rs.2621752/- towards the sale consideration of the earlier allotted Plot to the First Party, thus after adjustment of Rs.26,21,752/- towards the balance sale consideration of the newly allotted Plot, total net dues of Rs.7,14,975/- is to be paid by the Second Party towards allotment of newly allotted plot.

3. The parties have specifically agreed that the First Party shall compensate to the Second Party (Mrs. Anjana Goyal) a total surn of Rs.20,00,000/- out of which the First Party has already paid a sum of Rs.2,00,000/- the receipt of which is hereby duly acknowledged by the Second Party. The First Party has also agreed to adjust the aforesaid amount of Rs.7,14,975/- towards the total compensation from the balance consideration payable by the Second Party against the newly allotted plot bearing no. OCE/11/1007A.

4. After aforesaid adjustment of the aforesaid amounts towards compensation/refund, a balance sum of Rs.10,85,025/- less TDS Rs.79,889/- i.e Rs.10,05,136/- (TEN LAKH FIVE THOUSAND ONE HUNDRED THIRTY SIX) through Demand Draft no. "000760" Dated 06-Apr-2023 drawn on IDBI, Mullanpur GaribDass, Mohali Branch shall be paid by the First Party as full and final settlement to the complete satisfaction of the Second Party.

5. That it is specifically agreed between the parties that the Second Party shall take physical possession of the aforesaid New Plot NO:OCE/II/1007A within a month from the date of execution of the settlement deed and both the parties shall execute necessary documents and codal formalities in this regard. The second party will also complete the registration formalities of the said plot as & when informed by the First Party & will bear all the stamp duty charges/other charges related to the execution of sales deed. The second party will also pay the maintenance charges after the handing over of the said plot as per the concerned agency informations.

6. That the Second Party after the execution of this settlement Deed shall proceed to withdraw the aforesaid Consumer Complaint bearing no. CC/80/2017 titled as "Anjana Goyal Versus M/s Omaxe Chandigarh Extension Developers Pvt. Ltd. & Ors. before the Hon'ble State Consumer Disputes Redressal Commission, Chandigarh, and shall also proceed to withdraw the aforesaid First Appeal 2017 Bearing No. 2526/2017 titled as "Anjana Goyal Versus M/S Omaxe Chandigarh Extension Developers Pvt. Ltd. & Ors. before the Hon'ble National Consumer. Disputes Redressal Commission, New Delhi and the same is pending adjudication by filing an appropriate application for withdrawal of the same within one week from the date of execution of this Settlement Deed.

7. That the Second Party undertakes that after the execution of this settlement deed and compliance of the terms hereof, all the disputes between the parties shall be considered as settled for ever and the Second Party shall not raise any other demand, claim or any other relief including the claims/reliefs sought in the above said Consumer Complaint and First Appeal and all such demand, claim(s) etc. shall be considered as fully & duly satisfied and hereby stands resolved/settled.

8. That both the Parties undertake that after execution of this Settlement Deed and compliance of the terms and conditions contained therein, they will not drag any Party into any kind of litigation. Both the parties shall indemnify to each other that they will not claim any loss/damages or raise any dispute or initiate any litigation w.r.t. the said Plots after the settlement and compliance of the terms and conditions contained therein.

9. That the Second Party undertakes that if they fail, neglect or refuse to withdraw the aforesaid Consumer Complaint or any other complaint, suits w.r.t. said Unit as may come to the notice of First Party, then First Party shall have right to present this Deed and seek withdrawal of the aforesaid Consumer Complaint, and/or such complaints, FIR, Suits and the Second Party shall make no defence or raise any objection in this regard.

10. On execution of this Deed and compliance of the terms hereof, all complaints, suits, cases, wherever pending against First Party, its associates, directors, employees or its associates shall become in-fructuous by virtue of this Deed and the same shall be treated as null and void and this Deed shall be treated as evidence of estoppel against the Party making claim in any suit/complaint etc.

11. That both the parties hereby confirm that they are executing this Settlement Deed with full knowledge of all future effects which may arise due to signing of this Settlement Deed and they are not under any type of influence and pressure either from any quarter or from anybody else.

12. That this deed between both the parties supersedes all prior oral or written discounts/ credits/ benefits given by the First Party to the Second Party and/or any other negotiations between the parties with respect to the said Unit. No modification, variation or amendment to this deed will be effective unless made in writing and signed by duly authorized representatives of each of the parties. Both Parties make no representation or warranty to each other, except those specifically set forth herein and disclaim all warranties, express or implied.”

10.     Thus, Appeal No. 2526 of 2017 would also stand disposed on the said terms and the impugned order of the State Commission dated 31.07.2017 shall stand modified accordingly.

11.     All the three Appeals therefore stand disposed of.

IA/12759 and 12924/2023

These two Applications have been moved seeking waiver of the cost that was imposed by this Commission vide Order dated 26.04.2023.

Learned Counsel for the Builder also states that Applications have been moved seeking waiver of the same.

Having considered the submissions raised at the bar, the imposition of cost of Rs.5,000/- each on the Appellants / Opposite Parties vide Order dated 26.04.2023 is hereby recalled.

The Applications stand disposed of accordingly.

Learned Counsel appearing on behalf of the Appellant in First Appeal No. 2258 of 2017 states that no formal Application had been moved in this Appeal but he makes an oral prayer that the same benefit be extended to the Appellant in this matter as well. The request is allowed. Imposition of the cost on 26.04.2023 on both the Parties in this case also stands withdrawn.