Chandigarh

StateCommission

CC/636/2016

Smt. Sarbjeet Kaur - Complainant(s)

Versus

Sukhm Infrastructure Pvt. Ltd. - Opp.Party(s)

Paramjit Deol, Adv.

03 Feb 2017

ORDER

 Counsel for the parties are in agreement that the matter stands settled. It is stated by the Counsel for the complainants that the complainants have paid an amount of Rs.42 lacs to the Opposite Parties to purchase a built up unit. When possession was not delivered, as per the Agreement, this complaint was filed seeking following relief :-

“i)      Refund Rs.42,00,000/- alongwith interest @18% p.a.

2. Pay Rs.5,00,000/- as compensation on account of pain, harassment and mental agony.
3. Pay Rs.22,000/- as cost of litigation expenses including other misc. expenses incurred by the complainants from time to time.”

                   Refund of amount has been sought with interest besides compensation of Rs.5 lacs towards mental and physical harassment.

                   At the time of arguments, today, it is stated that the matter stands settled between the parties and towards full and final settlement of all claims raised by the complainants in this complaint, Sh. B.S.Mittal, Advocate appearing as proxy for Sh.Dinesh Madra, Advocate for the Opposite Parties, on getting instructions from Sh.Jaspal Singh Sodhi, Senior Manager, has handed over three post-dated cheques bearing Nos. 045802 dated 05.08.2017 in the sum of Rs.25,00,000/-, 045801 dated 05.06.2017 in the sum of Rs.20,00,000/- and 045800 dated 28.02.2017 in the sum of Rs.2,00,000/- (totaling Rs.47 lacs) to the Counsel for the complainants. Photocopies of the aforeasid cheques have been retained on record.

                                                In view of above, this complaint stands disposed of. However, it is ordered that in case, the aforesaid post-dated cheques fail, on presentation, each default will entail damages of an amount of Rs.1,00,000/-. This order will be treated as executable decree and liberty shall remain with the complainants to file the execution application, in case the amount is not realized through the cheques paid.

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