NCDRC

NCDRC

FA/765/2017

PARSVNATH DEVELOPERS LTD. - Complainant(s)

Versus

ANURADHA UPPAL - Opp.Party(s)

M/S. KNM & PARTNERS

02 Nov 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 765 OF 2017
 
(Against the Order dated 21/03/2017 in Complaint No. 70/2011 of the State Commission Delhi)
1. PARSVNATH DEVELOPERS LTD.
HAVING ITS REGD. OFFICE AT: PARSVNATH TOWER, NEAR SHAHDARA METRO STATION, SHAHDARA,
DELHI-110032
...........Appellant(s)
Versus 
1. ANURADHA UPPAL
W/O. SH. MANOJ UPPAL, R/O. 22/57-58, 1ST FLOOR, WEST PATEL NAGAR,
NEW DELHI-
...........Respondent(s)

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

For the Appellant :
Mr. Rakesh Bhardwaj, Mr. D. Jain
and Ms. Divya Gupta, Advocates
For the Respondent :
Mr. Madhurendra Kumar, Advocate with
Mr. Saurabh Kumar Dixit, Advocate and
Respondent in person

Dated : 02 Nov 2017
ORDER

We are happy to note that during the pendency of this Appeal, the parties have decided to resolve the dispute, subject matter of the Complaint, giving rise to the present Appeal, amicably.  As per the out of court settlement arrived at between the parties, it has been agreed

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as follows: (i) the Appellant-Developer shall refund to the Complainant the entire principal amount deposited by her with them with interest              @ 15% p.a. from the date of respective deposits till 31.03.2018; (ii) A demand draft equivalent to 1/3rd of the principal amount shall be delivered to the Complainant during the course of the day; (iii) Two post-dated cheques for the remaining 2/3rd of the principal amount shall also be delivered to the Complainant during the course of the day; (iv) The said post-dated cheques shall be replaced by Demand Drafts of the same value on or before the cheque dates; (v) A cheque in the entire amount due towards the interest favouring the Complainant shall be issued and delivered to her within two weeks from today; (vi) and the cheque shall also be replaced by a Demand Draft in the same amount on or before 31.03.2018.

        In view of the above, a Demand Draft bearing No.021488 dated 01.11.2017 in the sum of ₹7,74,752/- and two post-dated cheques bearing No.095116 and 095117 dated 02.12.2017 and 02.01.2018 in the sum of ₹7,74,752/- and ₹7,74,752/- respectively have been handed over to the Complainant, who is present in person along with her Counsel.  The travel and allied expenses, as directed vide order dated11.05.2017, have also been paid to the Complainant.

 

 

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It goes without saying that the afore-said settlement has been arrived at between the parties on the peculiar facts and circumstances  of the case and shall not be treated as a precedent in other similar cases.

        It is clarified that if the Appellant fails to comply with the afore-noted terms of settlement, arrived at after two rounds of negotiations today, it will be open to the Complainant to take recourse to appropriate proceedings as may be available to her in accordance with law.

        The statutory amount deposited 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
......................
M. SHREESHA
MEMBER

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