Haryana

StateCommission

A/329/2018

M/S UNITECH LTD. AND ANOTHER - Complainant(s)

Versus

CHANDER MOHAN SEHGAL AND ANOTHER - Opp.Party(s)

VERTIKA H.SINGH

25 Jan 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                       First Appeal No. 329 of 2018

Date of Institution:05.03.2018

                                                               Date of Decision:25.01.2019

 

 

1.      M/s Unitech Ltd., through its Managing Director, Signatures Towers, Ground Floor, NH-8, South City, Gurgaon (Haryana).

2.      M/s Unitech Ltd., through its Managing Director, Office-6, Community Centre, Saket, New Delhi-110017.

3.      Incharge Office of Unitech Ltd., Unihomes, Sector-16, Ambala City, Haryana.

…..Appellants

Versus

1.      Chander Mohan Sehgal S/o Sh. Dina Nath Sehgal, aged about 66 years.

2.      Ms. Pooja Sehgal W/o Sh. Mohit Sehgal, aged about 38 years both residents of House No.2888, Ward No.2, Ambala City.

 

                                      …..Respondents

 

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

                                                                                                                   

Present:              Mrs.Vertika H.Singh, Advocate for the  appellants.

Mr. Dhruv Gupta, Advocate for respondents.

 

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

                   As per order dated 25.01.2019 contained in letter No.268, I am conducting these proceedings singly.

1.                Delay in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2.                Today the appeal was fixed for effecting amicably settlement between the parties. While conducting the proceedings, Mrs. Vertika H.Singh, learned counsel for appellants has made a statement that a compromise has been effected between the parties and in this regard, memorandum of settlement has also been executed as per which appellants have undertaken to refund the entire amount of Rs.7,84,734/- to the respondents by 30.06.2019. However, two cheques of Rs.92,500/- each have also been delivered to learned counsel for respondents as part compliance of settlement deed. Respondents have also executed an affidavit dated 22.12.2018. Copy of the settlement deed is Annexure A-3 and other documents have been placed on record are Annexure A-4 to Annexure A-5.

3.                Thereafter, Sh. Dhruv Gupta, learned counsel for respondents has made a statement that since a compromise has been effected between the parties and  learned counsel for appellants have undertaken to refund Rs.7,84,734/- on or before 30.06.2019, he has admitted the statement of learned counsel for appellants to be correct and the appeal may accordingly be disposed of.

4.                In view of the statement made by learned counsel for the appellants as well as learned counsel for respondents, the present appeal accordingly stands disposed of with the direction that since the impugned order dated 29.01.2018, which is the subject matter of the appeal, passed by learned District Forum, Ambala is nullity as it has been passed without having any pecuniary jurisdiction and as such order dated 29.01.2018, passed by learned District Forum, Ambala is set aside for all intends and purposes and resultantly, both the parties shall be governed by their respective statements recorded by this Commission and the settlement deed Annexure A-3 shall be a part of this order. File be consigned to the record room.

5.                Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

 

January  25^th, 2019                                                                Ram Singh Chaudhary                                                                                                        Judicial Member                                                                                                                   Addl.Bench               

R.K.