STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                Date of Institution: 05.07.2017

                                                         Date of Order: 07.02.2024

CONSUMER COMPLAINT NO. 418 of 2017

IN THE MATTER OF: -

1. Geeti Silwal W/o Ritu Raj Sharma, R/o 1921, Delaware Street, Apt 6, Berkely, America USA.
2. Ritu Raj Sharma S/o Sh. R.N. Sharma, R/o 1921, Delaware Street, Apt 6, Berkely, America USA.             ...Complainants

Versus

1. M/s EMAAR MGF Land Limited, ECE, House 28 Kasturba Gandhi Marg, New Delhi through its Managing Director.
2. EMAAR MGF Business Park, Mehrauli, Gurgaon Road, Sikandarpur Chowk, Sector-28, Gurgaon.  

…..Opposite Parties

CORAM:             Sh. Naresh Katyal, Judicial Member

Present:-            Sh. B.S. Walia, counsel for complainants.

Sh. Sanjeev Sharma, counsel for opposite parties.

                                                ORDER

NARESH KATYAL, JUDICIAL MEMBER:

          This complaint is fixed today for hearing. Sh. Sanjeev Sharma, learned counsel for opposite parties suffered following statement on oath:-

“Stated on instructions from opposite parties that: I am placing on record: a) Copy of offer of possession dated 09.01.2020; b) Unit handover letter dated 04.03.2020; c) Copy of conveyance deed dated 06.03.2020.  Documents a) to c) mentioned above are Annexure R-7 to R-9.  I also state that sum of Rs. 7,53,325/- was credited towards adjustment in the statement of account of complainants, for delay in offer of possession as per contractual rate agreed in buyer agreement.  In view of above, I state that nothing survives more for complainants in this complaint.”

 2.     Simultaneously, Sh. B.S. Walia-counsel for complainants has suffered following statement on oath:-

“I have heard the statement of Sh. Sanjeev Sharma, Advocate for opposite parties, recorded above.  I have no objection for placing on record documents Annexure R-7 to R-9 by learned counsel opposite parties.  I state on oath that: Claim of complainants in this complaint is for claiming compensation for delayed possession.  Since, as per statement of learned counsel for opposite parties the complainants have been compensated with adjustment of amount of Rs. 7,53,325/- in statement of account, for delayed possession as per buyer agreement, therefore, I withdraw this complaint.”

3.      In the light of facts so emerging from conjoint reading of statement of learned counsel for complainants and statement of learned counsel for opposite parties, as reproduced above; three documents viz: Annexure R-7 to Annexure R-9 are taken on record of this complaint.

4.      As a consequence flowing from above reproduced statements; this complaint is dismissed as withdrawn. It is ordered accordingly.

5.      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: 07^th February, 2024

                                                                                    Naresh Katyal                     

                                                                                    Judicial Member

Addl. Bench-II