STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA
Date of Institution: 12.12.2017
Date of Order: 20.12.2023
CONSUMER COMPLAINT NO. 805 of 2017
IN THE MATTER OF: -
Mukesh Kher S/o Prem Nath Kher, R/o # 100, Street No. A, Near Kamal Cinema, Safdarjung Enclave, New Delhi-110029.
…..Complainant
Versus
- DLF Homes Panchkula Pvt. Ltd., SCO 190-191-192, Sector-8C, Chandigarh-UT-160009 through its Manager/Authorised signatory/Officer-in-charge/Director Sales & Marketing.
- DLF Homes Panchkula Pvt. Ltd., Regd. Office DLF Gateway Tower, Second Floor, DLF City, Phase-III, Gurgaon-122002, Haryana, India, through its Manager/Authorised signatory/Officer-in-charge/Director Sales & Marketing.
…..Opposite Parties
CORAM: Naresh Katyal, Judicial Member
Present:- Complainant in person along with Sh. Deepak Jaglan, counsel for complainant.
Sh. Ashish Pandey, counsel for opposite parties.
ORDER
NARESH KATYAL, JUDICIAL MEMBER:
This complaint is already fixed for hearing for 18.04.2024. File has been taken up today on filing of Misc. Application No. 444 of 2023; vide which prayer has been to pre-pone the date fixed in complaint from 18.04.2024 to today i.e. 20.12.2023, for the reason that matter has been settled amicably between parties and complainant does not want to pursue his complaint. He wants to get the property registered in his name and thus filing application (MA No. 444 of 2023) to withdraw the complaint. Counsel for opposite parties is also present today.
2. In relation to above MA No. 444 of 2023; complainant-Mukesh Kher suffered following statement on oath:-
“Stated that: this complaint is fixed for 18.04.2024. Date fixed in this complaint be perponed for today (i.e. 20.12.2023) on the basis on M.A. No. 444 of 2023. I unconditionally withdraw my complaint. I state that opposite parties be directed to expedite the execution of sale deed in my favour, qua Flat No. D4/5, First Floor, DLF Valley, Panchkula” He has been duly identified by his counsel.
3. Simultaneously, Sh. Ashish Pandey-counsel for opposite parties has also suffered following statement:-
“Stated that: I have read the statement of complainant recorded today. I state on behalf of opposite parties that it will expedite the execution of sale deed in favour of complainant with regard to Flat No. D4/5, First Floor, DLF Valley, Panchkula.”
4. In the light of facts so emerging from conjoint reading of statement of complainant and statement of learned counsel for opposite parties, as reproduced above; this Commission allows MA No. 444 of 2023 and date originally fixed in this complaint (18.04.2024) is pre-poned to today i.e. 20.12.2023.
5. As a consequence flowing from above reproduced statements; request of complainant made in application No. 444 of 2023 to withdraw the complaint is allowed. This Complaint is disposed off, as withdrawn and it is ordered accordingly, as genesis of matter involved in this complaint has been amicably settled by complainant with opposite parties. Further, in view of text of above reproduced statements, particularly in view of statement of learned counsel appearing for opposite parties; direction is hereby issued to opposite parties to execute and register the sale deed in favour of complainant, expeditiously, with respect of Flat No. D4/5, First Floor, DLF Valley, Panchkula.
6. With above observations, this complaint is disposed off, being withdrawn by complainant.
7. A copy of this order be provided to both parties, free of cost, as mandated by the Consumer Protection Act, 1986/2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties. Complaint file be consigned.
Date of Order: 20th December, 2023
Naresh Katyal
Judicial Member
Addl. Bench-II
