Haryana

StateCommission

CC/49/2015

ONKAR NATH RAI - Complainant(s)

Versus

KASHISH DEVELOPERS LTD. AND ORS. - Opp.Party(s)

GAURAV JINDAL

16 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

 

                                      Complaint No.              49 of 2015

                                      Date of the Institution:  28.04.2015

                                      Date of Decision:         16.03.2016

 

 

1.      Onkar Nath Rai son of late Sh. S.N. Rai, resident of House No.602, Central Park-I, DLF Golf Course Road, Sector 42, Gurgaon-122009.

 

2.      Surender Kumar Dham son of late Sh. C.L. Dham, resident of A-163, Sector 41, Noida, U.P. 201301.

…..Complainants

 

 

VERSUS

 

 

1.      M/s Kashish Developers Limited through its Managing Director Sh. Sunil Chaudhary, registered office:87, Old A.G. Colony, Kadru, Ranchi-834 002, Jharkhand.  

 

2.      Corporate Office M/s Kashish Developers Limited, Vatika Business Park, 5^th Floor, Block-II, Sector 49, Gurgaon, through its Authorized Signatory Mr. Amit Kumar son of Sh. Dinkar Jha, r/o A1/68, South City-II, Sohna Road, Gurgaon.

 

3.      M/s Vinman Construction Private Limited, registered office: 4, Battery Lane, Rishi Apartment, Rajpur Road, Civil Lines, Delhi -110054, through its Authorized Signatory Sh. Amit Kumar.

 

4.      M/s Elite Villas Private Limited, registered office:87, Old A.G. Colony, Kadru, Ranchi – 834 002 and Corporate Office at Vatika Business  Park, 5^th Floor, Block-II, Sector 49, Gurgaon through its Authorized Signatory Mr. Amit Kumar.

….. Opposite Parties

 

 

 

CORAM:    Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                  

 

Present:-    Sh. Onkar Nath Rai and Sh. Surender Kumar Dham- complainants in person with Sh. Gaurav Jindal, Advocate.

                   Sh. Sanjay Vij, Advocate for the opposite parties.

 

                                                O R D E R

 

 

 

 

NAWAB SINGH J, (ORAL)

 

          Sh. Onkar Nath Rai and Sh. Surender Kumar Dham- complainants have filed the present complaint under Section 17 of the Consumer Protection Act,1986 alleging that they booked a flat with Kashish Developers Limited-opposite party No.1 by paying an amount of Rs.7 lacs through cheque dated May 29^th, 2012. Letter of Allotment (Exhibit C-2) was issued on October 25^th, 2012 whereby Unit No.B5-12AD on the Twelveth A, Block B5, admeasuring 1455 sq. ft was allotted on the payment of Rs.99,19,795/- only.  Apartment Buyers Agreement (Exhibit C-3) was executed on April 05^th, 2013.  As per Clause 3 of Apartment Buyers Agreement, the possession of the flat was to be handed over within a period of 36 months excluding a grace of six months from the date of execution of the agreement. In all, the complainants paid Rs.41,68,070/- to the opposite parties vide receipts Exhibit C-4 to C-10.

2.      During the course of recording evidence, the complainants have stated that they are ready to accept the amount after deducting Rs.7 lacs, which was paid at the time of booking of flat.

3.      In face of it, Sh. Sanjay Vij, Advocate for the opposite parties has stated that on getting the instructions from the opposite parties, the opposite parties are ready to pay the amount of Rs.34,68,070/-  (Rs.41,68,070/- minus Rs.7,00,000/-) within two months from today failing which the said amount shall carry interest at the rate of 9% per annum from the date of this order till payment. 

4.      In view of it, learned counsel for the complainants has stated that this complaint be dismissed as withdrawn.

5.      In view of the statements, complaint is dismissed as withdrawn.  The opposite parties shall be bound by the statement and in case of violation of the promise made, the complainants shall have the right to file fresh complaint.

 

 

Announced 16.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

(U.K)