NCDRC

NCDRC

FA/1629/2016

OMAXE CONSTRUCTION LTD. & ANR. - Complainant(s)

Versus

SANTOSH JAIN - Opp.Party(s)

M/S. SUNIL MUND & ASSOCIATES

06 Feb 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1629 OF 2016
 
(Against the Order dated 10/11/2016 in Complaint No. 51/2012 of the State Commission Rajasthan)
1. OMAXE CONSTRUCTION LTD. & ANR.
THROUGH ITS MANAGER, OFFICE-PHASE-I,IN FRONT OF SIGVIK FACTORY BHIWADI, ALWAR,
RAJASTHAN-301019
2. OMAXE CONSTRUCTION LTD.,
THROUGH ITS DIRECTOR, HEAD OFFICE, OMAXE HOUSE, 7, LSC KALKAJI,
NEW DELHI
...........Appellant(s)
Versus 
1. SANTOSH JAIN
W/O. SHRI AJIT PRASAD JAIN, R/O. 1/35, RAJASTHAN HOUSING JAIN, R/O. 1/35, RAJASTHAN HOUSING BOARD COLONY, BHIWANI,
DISTRICT-ALWAR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. Sukumar Pattjoshi, Sr. Advocate with
Mr. Sunil Kumar Mund, Mr. M. K. Singh and
Mr. Amarnath Jaiswal, Advocates
For the Respondent :
Mr. Gagan Chhabra, Advocate and
Ms. Richa Narang, Advocate

Dated : 06 Feb 2017
ORDER

We are happy to note that during the course of hearing, the parties have decided to amicably settle the dispute, subject matter of the Appeal.  As per the said settlement, the Appellants shall refund to the Complainant the entire amount deposited by her from time to time along with interest @ 12% p.a. from the date of each deposit till the date of actual realization, in two equated installments.  The first installment shall be paid to the Complainant on or before 20.03.2017 by means of a Demand Draft/Banker’s Cheque and the balance amount on or before 05.05.2017 by the same mode.  Having regard to the peculiar facts of the case, in addition to the said amount, the Appellants shall also pay to the Complainant a lump sum compensation of ₹1,00,000/- (Rupees One Lakh only) along with litigation costs of ₹50,000/-.  The said amount of ₹1,50,000/- shall be paid along with the afore-noted first installment. 

               It goes without saying that the interest @ 12% p.a. shall be calculated on the reducing balance, after payment of the first instalment.

               On payment of the said amounts, the entire claim of the Complainant against the Appellants, subject matter of the Complaint, shall stand satisfied and the proceedings initiated by the State Commission against the Appellants under Section 193 IPC shall stand closed.  At the same time, it is also agreed that in the event of any

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default on the part of the Appellants in complying with the afore-noted schedule for payment in terms of this order, this Appeal shall stand dismissed and the afore-noted proceedings shall be revived and it will be open to the Complainant to take recourse to appropriate proceedings for enforcement of the impugned order.    

               Since the matter has been amicably settled at the initial stage, we direct that the statutory deposit made by the Appellants at the time of filing the Appeal shall be refunded to them.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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