Tamil Nadu

StateCommission

CC/149/2014

R. ARJUNDURAI - Complainant(s)

Versus

ALLIANCE PROJECTS, MANAGING PARTNER - Opp.Party(s)

R. RAMANLAL

23 Dec 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE        Hon’ble Thiru. Justice R.SUBBIAH                          -   PRESIDENT

                         Tmt. Dr. S. M. LATHA MAHESWARI                        -   MEMBER

 

C.C. No.149/2014

DATED, THE 23^RD DAY OF DECEMBER 2021

Mr. R. Arjundurai,

S/o. Mr. R. Rajasankar,

No.24, Thirumurthy Street,

T. Nagar,

Chennai – 600 017.                                                                           .. Complainant.

                                                       - Versus -

1. M/s. ALLIANCE PROJECTS,

Represented by its Managing Partner,

M/s. Alliance Infrastructure Projects Pvt. Ltd.,

No.821, 20^th Main, 8^th Block,

Opp. Indoor Stadium,

Koramangala,

Bangalore – 560 095.

And also having Branch Office at:

Plot No.’A’, No.36/1, Gandhi Mandapam Road,

Kotturpuram,

Chennai – 600 085.

 

2. M/s. ALLIANCE PROJECTS,

No.85, Karthick Nagar,

Marathali,

K.R. Puram, Outer Ring Road,

Next to KIDZEE,

Bangalore – 560 037.

Represented by its Managing Partner,

M/s. Alliance Infrastructure Projects Pvt. Ltd.,

Having Office at:-

No.556, 2^nd Floor, Jeevan Anand Building,

Anna Salai,

Teynampet,

Chennai – 600 018.

 

3.  M/s. ALLIANCE PROJECTS,

Represented by its Managing Partner,

M/s. Alliance Infrastructure Projects Pvt. Ltd.,

Through its Authorized Signatory

Mr. Parthasarathy,

Having Office at:-

No.556, 2^nd Floor, Jeevan Anand Building,

Anna Salai,

Teynampet,

Chennai – 600 018.

 

4. M/s. ALLIANCE ORCHID TECH PVT. LTD.,

Represented by its Authorized Signatory

Mr. Parthasarathy,

Having Office at:-

No.556, 2^nd Floor, Jeevan Anand Building,

Anna Salai,

Teynampet,

Chennai – 600 018.

 

5. Mr. Manoj Namburu,

M/s. ALLIANCE PROJECTS,

Chairman & Managing Director,

No.85, Karthick Nagar,

Marathali,

K.R. Puram, Outer Ring Road,

Next to KIDZEE,

Bangalore – 560 037.

 

6. Mr. Suneel Bommi Reddy,

M/s. ALLIANCE PROJECTS,

Executive Director,

No.85, Karthick Nagar,

Marathali,

K.R. Puram, Outer Ring Road,

Next to KIDZEE,

Bangalore – 560 037.

 

7. Mr. Kamalakar Shet,

M/s. ALLIANCE PROJECTS,

Executive Director,

No.85, Karthick Nagar,

Marathali,

K.R. Puram, Outer Ring Road,

Next to KIDZEE,

Bangalore – 560 037.                                                                         ... Opposite parties.

 

Counsel for Complainant                           : M/s. R. Raman Lal

Counsel for Opposite parties 1 to 7           : M/s. Joseph Durairaj

 

This Consumer Complaint having come up for final hearing before us on 23.12.2021  and the parties have filed a Joint Memo of Compromise and this Commission made the following order in the open Court:-

 

ORDER

Justice R. SUBBIAH,  PRESIDENT    

            This complaint has been filed by the complainant under section 17 of the Consumer Protection Act,1986 alleging deficiency in service against the opposite parties 1 to 7 by not handing over the fully completed flat as per the agreement dated 22.04.2006, claiming compensation of Rs.25,00,000/- for deficiency in service committed by the opposite parties, Rs.10,00,000/- for mental agony suffered by the complainant, Rs.12,00,000/- towards the cost for depriving the use of money which is being locked up with the opposite parties from 22.04.2006 and Rs.25,000/- as costs.     

     Today, when the matter was taken up for hearing, the counsel for both sides submitted that the matter has been settled amicably between the parties out of Court and hence the complaint may be disposed of according to the joint memo filed by them.   

    The joint memo filed by the parties is perused.  In the joint memo it has been stated that both parties mutually agreed fixing the total cost of undivided share of land and cost of construction, inclusive of all amenities at Rs.29,53,920/- which includes all taxes and levies except stamp duty and registration charges payable to the registration department by the complainant. The complainant had already paid a sum of Rs.16,83,000/- to the opposite parties by way of cheque No.701722, dated 28.03.2006 as per the agreement of sale dated 22.04.2006 which has been adjusted by the opposite parties out of total consideration and only a sum of Rs.12,70,920/- is payable by the complainant  to  the opposite parties and the complainant has agreed to pay Rs.12,70,920/- as balance consideration in favour of the Alliance Projects (Opposite parties) towards full and final settlement, in turn, the opposite parties agreed to issue NOC and deliver the vacant possession of the property to the complainant for occupation and use on the date of registration of sale deed itself.  Both parties have also agreed that the date on which  the agreement of sale, construction Agreement and Sale Deed  is registered,  the opposite parties shall hand over the vacant possession of the apartment to the complainant  itself  without any delay i.e., on or before 31.01.2022.  The complainant has no further claim as against the opposite parties in any manner in respect of C.C.No.149/2014 pending before this Commission. 

     The above mentioned joint memo filed by both sides is recorded and the complaint is disposed of in accordance with the joint memo filed by both sides. 

    The joint memo filed by both sides shall form part of this order.        

 

                Sd/-                                                                                                         Sd/-                                                                   

S.M.LATHAMAHESWARI                                                                            R.SUBBIAH                        

           MEMBER                                                                                           PRESIDENT