District Consumer Disputes Redressal Commission-I, U.T., Chandigarh

CONSUMER COMPLAINT NO.182  OF  2021

BEFORE:

          PAWANJIT SINGH, PRESIDENT

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

Sh.S.S.Sidhu, Advocate for Complainant alongwith Complainant in person.

Sh.Nitesh Singhi, Advocate for OP No.1 & 2.

OP No.3 ex-parte.

Dated :  18^th June 2024

ORDER

1.   The parties have settled the matter amicably. Vide his separate statement, Sh.Nitesh Singhi, Counsel for OP No.1 & 2 has stated that the matter has been settled between the parties amicably and as per settlement, the OP No.1 & 2 are ready to hand over the possession of the subject plot No.1435 or any other plot, within/around the same pocket/locality, to the complainant on or before 31.10.2024 subject to the payment of all outstanding amount of Rs.27,50,000/- (Rs.Twenty Seven Lakh Fifty Thousand Only) (which includes EDC and IDC Charges only) to the OP No.1 & 2 by the complainant. He has further stated that in addition to the aforesaid amount, the complainant shall also pay other charges, which includes PLC, possession and other charges if applicable, registration charges and taxes whatsoever imposed by the competent authorities/govt. time to time, to OP No.1 & 2. It has been further stated by counsel for OP No.1 & 2 that the OP No.1 & 2 will execute the agreement to sell and thereafter to execute the sale deed on the basis of agreement to sell and further to hand over the possession after receiving the entire sale consideration as stated above (including all payments). It has been further stated by counsel for OP No.1 & 2 that OP No.1 & 2 will provide all the required documents to the complainant for the purpose of sanctioning/providing of loan for the plot, if any. It has been further stated by counsel for OP No.1 & 2 that in case of default of either of the party, the defaulting party shall pay interest @ 12% on the payable/deposited amount to the other party from the date of order till the performance of their part. Vide his separate statement, Sh.S.C.Nijhawan, Complainant, has admitted the statement of counsel for OP No.1 & 2 and prayed that the complaint be disposed of in terms of aforesaid settlement.

2.   In view of the statements of counsel for OP No.1 & 2 & complainant and in terms of the settlement, the complaint stands disposed of by passing the following order:-

1. OP No.1 & 2 shall hand over the possession of the subject plot No.1435 or any other plot, within/around the same pocket/locality, to the complainant on or before 31.10.2024 subject to the payment of all outstanding amount of Rs.27,50,000/- (Rs.Twenty Seven Lakh Fifty Thousand Only) (which includes EDC and IDC Charges only) by the complainant to the OP No.1 & 2.
2. The complainant shall also pay other charges, which includes PLC, possession and other charges if applicable, registration charges and taxes whatsoever imposed by the competent authorities/govt. time to time, to OP No.1 & 2.
3. OP No.1 & 2 will execute the agreement to sell and thereafter to execute the sale deed on the basis of agreement to sell and further to hand over the possession after receiving the entire sale consideration as stated above (including all payments).
4. OP No.1 & 2 shall provide all the required documents to the complainant for the purpose of sanctioning/providing of loan for the plot, if any.
5. In case of default of either of the party, the defaulting party shall pay interest @ 12% p.a. on the payable/deposited amount to the other party from the date of this order i.e. 18.06.2024 till the performance of their part.

3.   The complaint is disposed of accordingly.

4.   Certified copies of this order be sent to the parties free of cost. The file be consigned.