NCDRC

NCDRC

FA/1218/2017

M/S. OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD. & 2 ORS. - Complainant(s)

Versus

HARISH BHARDWAJ & ANR. - Opp.Party(s)

M/S. SUNIL MUND & ASSOCIATES

28 Feb 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1218 OF 2017
 
(Against the Order dated 20/03/2017 in Complaint No. 768/2016 of the State Commission Chandigarh)
1. M/S. OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT. LTD. & 2 ORS.
THROUGH ITS MANAGING DIRECTOR, 10 LOCAL SHOPPING COMPLEX, KALKAJI,
NEW DELHI-110019
2. MANAGING DIRECTOR, OMAXE CHANDIGARH EXTENSION DEVELOPERS PRIVATE LIMITED,
THROUGH ITS AUTHORIZED PERSON/PRINCIAPL OFFICER, (WHOLLY OWNED SUBSIDIARY OF M/S. OMAXE LTD.) INDIA TRADE TOWER, 1ST FLOOR, MADHYA MARG EXTN ROAD, NEW CHANDIGARH, DIST. SAS NAGAR, MULLANPUR
3. MANAGING DIRECTOR, OMAXE CHANDIGARH EXTENSION DEVELOPERS PVT LTD.,
(WHOLLY OWNED SUBSIDIARY OF M/S. OMAXE LTD.,) 10 LOCAL SHOPPING COMPLEX, KALKAJI,
NEW DELHI-110019
...........Appellant(s)
Versus 
1. HARISH BHARDWAJ & ANR.
S/O. SH. A.K. BAHRDWAJ R/O. HOUSE NO. 3132, SECTOR-20-D,
CHANDIGARH
2. HDFC BANK LTD
SCO NO.153-155,SECTOR 8-C,MADHYA MARG,
CHNDIGARGH
CHANDIGARGH
3. SUNITA BHARDWAJ
W/O. HARSIH BHARDWAJ, R/O. HOUSE NO. 3132, SECTOR-20-D,
CHANDIGARH
...........Respondent(s)

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

For the Appellant :
Mr. Sunil Kumar Mund, Advocate
Mr. Amarnath Jaiswal, Advocate
For the Respondent :
Mr. Harish Bhardwaj, R-1, in person

Dated : 28 Feb 2018
ORDER

We are happy to note that during the pendency of this Appeal, the parties have decided to settle the dispute, subject matter of the present Appeal.

As per the terms of settlement, on Appellants refunding to the Respondents/Complainants the entire amount deposited by them with the Appellants from time to time, along with simple interest @ 11% p.a. from the date of each deposit till 15.04.2018, the Complainants shall not be left with any claim against the Appellants.  It is also agreed that the amount deposited by the Appellants in this Commission in terms of order dated 21.07.2017 shall be released by the Office by means of a demand draft to be drawn in favour of Complainant No.1 forthwith and the balance amount of interest @ 2% p.a. on the aforesaid amount shall be remitted by RTGC to both the Complainants in equal share, on or before 15.04.2018.

It goes without saying that the afore-stated settlement has been arrived at between the parties on the peculiar facts and circumstances of this case and shall not be construed as a precedent in other cases pertaining to the same project.

The statutory amount deposited at the time of filing the Appeal shall be refunded to the Appellants, along with interest accrued thereon, if any.

The Appeal stands disposed of in the above terms, leaving the parties to bear their own costs.    

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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