Order No.24 Date- 26.04.2022
Ld. Advocates of both parties are present.
Today is fixed for payment of Rs 4,31,750/- by the OPs to the complainants.
Ld. Advocate for the OPs file two DD bearing Nos. 631608 and 631609 dated 25.04.2022 for Rs. 2,15,875/- each in the name of the complainants. Photocopies of DD are also filed.
Complainatn No. 2 Smt Sanchita Deb files verified application stating that the instant case be dropped on full and final satisfaction on the ground stated therein.
Heard both sides. Persued the impugned prayer coupled with the record.
Admittedly, today OPs file two DD bearing Nos. 631608 and 631609 dated 25.04.2022 for Rs. 2,15,875/- each in the name of the complainants. Fact remains that the complainants had booked a flat measuring about 870 sq. ft. at a total consdieraiton of Rs. 24,94,840/- in a project “Dream World City London” at Pailan and paid Rs. 4,31,750/- to the OP-1 out of total sale price. It is true that OP-1 failed to construct project for which the complainant filed the instant consumer case against the OP-1 Dream Gateway Hotels Pvt. Ltd. and its Directors. The OPs contested the case by filing Written Version. In course of final hearing the Ld. Advocate for the OP-1 agreed to refund Rs. 4,31,750/- to the complainants and the Ld. Advocate for the complainants agreed on such proposal. In terms of such proposal the OPs deposited two DD bearing Nos. 631608 and 631609 dated 25.04.2022 for Rs. 2,15,875/- each in the name of the complainants.
Thus, the complainants shall have no right to claim any other reliefs in respect of Apartment No. 4E Tower-DWC I measuring an area of 870 sq. ft. at Pailan as well as in the instant consumer case.
Having regard to the submisison of both sides as well as on persual of the prayer of the Complainant No. 2, we are inclined to allow the prayer of the complainatns. The instant Consumer Case is dropped on full and final satisfaction.
No cost is imposed upon any of the parties.
In the result, the Consumer Case being No. 137/2019 is disposed of.
