Chandigarh

StateCommission

CC/407/2017

Shweta Bharti - Complainant(s)

Versus

M/s Omaxe Chandigarh Extension Developers Private Ltd. - Opp.Party(s)

Narender Yadav, Adv.

22 Sep 2017

ORDER

The matter has amicably been settled between the parties.

                   This complaint was filed claiming refund of Rs.20,98,600/- alongwith other reliefs. The Opposite Parties in their written statement admitted payment of Rs.17,28,600/- only. It has been stated that cheque dated 27.09.2016 in the sum of Rs.3,70,000/- initially paid was dishonoured and subsequently, the complainant made deposit of the same amount i.e. Rs.3,70,000/- through RTGS on 13.10.2016 and by filing this complaint, he mentioned this amount twice.

                   Counsel for the complainant on getting instructions from the complainant on telephone, states that the total amount paid is in the sum of Rs.17,28,600/-.

                   As per settlement arrived at between the parties, Sh.Munish Gupta, Advocate, Counsel for the Opposite Parties on getting instructions from Sh.Puneet Popli, Senior Manager of the Opposite Parties, states that the aforesaid amount of Rs.17,28,600/- shall be refunded to the complainant alongwith interest @8% p.a. (simple) on the principal of diminishing balance in three installments, payable by way of post-dated cheques dated 05.11.2017, 05.01.2018 and 05.02.2018. Counsel for the Opposite Parties further states that the post-dated cheques shall be handed over to the Counsel for the complainant within four weeks from today.                   

                   In view of above, this complaint stands disposed of.

                   We make it very clear that in case any cheque is not hounoured, on presentation, the complainant, shall intimate the said fact to Sh. Deepanjit Singh, Manager (Legal) on his mobile No.8054002819. On receipt of intimation, the Opposite Parties will prepare a demand draft of the amount involved and hand it over to the complainant within next 5 working days from the receipt of intimation, failing which, for each default, the Opposite Parties shall pay an amount of Rs.15,000/- to the complainant. Further, if the commitment made is not honoured then the order passed will become executable decree and liberty shall remain with the complainant to file execution application, if need be.

                   Certified copies of this order be sent to the parties, free of charge.