NCDRC

NCDRC

FA/2427/2017

M/S. OMAXE LTD. & ANR. - Complainant(s)

Versus

ANANT DEEP SINGH SARKARIA & ANR. - Opp.Party(s)

M/S. SUNIL MUND & ASSOCIATES

05 Mar 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2427 OF 2017
 
(Against the Order dated 13/10/2017 in Complaint No. 167/2017 of the State Commission Chandigarh)
1. M/S. OMAXE LTD. & ANR.
THROUGH ITS REGIONAL HEAD, HAVING ITS REGIONAL OFFICE, NOWT ATT: INDIA TRADE TOWER, 1ST FLOOR, MADHYA MARG EXTEN. ROAD, NEW CHANDIGARH, DIST. SAS NAGAR,
MULLANPUR,
2. M/S. OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED,
THROUGH ITS REGIONAL HEAD, HAVING ITS REGIONAL OFFICE, NOW AT: INDIA TRADE, 1ST FLOOR, MADHYA MARG EXTN. ROAD, NEW CHANDIGARH, DIST. SAS NAGAR, MULLANPUR,
...........Appellant(s)
Versus 
1. ANANT DEEP SINGH SARKARIA & ANR.
S/O. SH. S.S. SARKARIA, R/O. HOUSE NO. 51, SECTOR-28-A,
CHANDIGARH
2. NIMAR SARKARIA D/O. SH. S.S. SARKARIA,
R/O. HOUSE NO. 51, SECTOR-28-A,
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT

For the Appellant :
Mr. Sunil Kumar Mund, Mr. M. K. Singh and
Mr. Amarnath Jaiswal, Advocates
For the Respondent :
Mr. Gaurav Beri, Advocate

Dated : 05 Mar 2018
ORDER

I am happy to note that at the motion hearing stage, Mr. Gaurav Beri, Advocate, who has put in appearance on behalf of both the

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Complainants/Respondents, states that the Respondents are willing to accept the interest @ 10% p.a. as against 11% p.a., as awarded by the State Commission, and also forego the amount of compensation of ₹1,50,000/- awarded in their favour and against the Appellants.

        In view of the above statement, the Appeal is disposed of on consent with the direction that on Respondents’ completing all the formalities for the purpose of execution and registration of the Sale Deed in respect of the flat in question, the said document shall be executed and registered within four weeks thereof and further on Appellants’ paying to them interest @ 10% p.a. on the amount paid by them from 28.06.2015 till 16.06.2017, on or before 22.04.2018, by means of Demand Drafts in equal proportion drawn in their favour, along with the cost of litigation as imposed by the State Commission, the Respondents shall not be left with any claim against the Appellants, subject matter of the Complaint, leading to the filing of the present Appeal. 

It is clarified that if the payment is not made within the time granted, the present Appeal shall stand dismissed and it will be open to the Respondents to take recourse to appropriate remedy for enforcement of the order impugned in the present Appeal.

The statutory deposit made at the time of filing of the Appeal shall be refunded to the Appellant.

        The Appeal stands disposed of in the above terms with no order as to costs. 

 

 
......................J
D.K. JAIN
PRESIDENT

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