Chandigarh

StateCommission

CC/121/2016

Sanjay Khosla - Complainant(s)

Versus

M/s Parsvnath Developers Limited - Opp.Party(s)

Hargobinder Singh Gill & Amandeep Singh Rai, Adv.

19 Sep 2016

ORDER

Today in Court, Sh. Aftab Singh Khara, Advocate, Counsel for Opposite Parties No.1 & 2 has handed over one Demand Draft bearing No.015470 dated 16.09.2016 in the sum of 2,97,004/- and six more post-dated cheques bearing Nos.050989 dated 06.12.2016 in the sum of Rs.2,97,004/-; 050990 dated 09.12.2016 in the sum of Rs.2,97,004/-; 050991 dated 13.12.2016 in the sum of Rs.2,97,003/-; 050992 dated 16.12.2016 in the sum of Rs.74,251/-; 050993 dated 16.12.2016 in the sum of Rs.32,809/- and 050994 dated 16.12.2016 in the sum of Rs.2,22,753/- to Sh. Mohineet Singh, Advocate appearing as Proxy for Sh. Hargobinder Singh Gill, Advocate, Counsel for the complainant. It is stated that the interest payable has been calculated up-to 16.12.2016 on diminishing balance. It is further stated that in case any post-dated cheque is not honoured on presentation, Opposite Parties No.1 & 2 will pay an amount of Rs.20,000/- for each bounced cheque. It is further agreed that towards the bounced cheque value and by adding Rs.20,000/-, demand draft shall be made available to the complainant within 15 days from the date of bouncing of the cheque.  It is further stated that TDS amount has not been deducted in terms of law laid down by this Commission in ‘Shri Ajay Gauba Vs. Parsvnath Developers Limited,’ Execution Application No.87 of 2015’ decided on 20.11.2015.

                   The payment made partly satisfies the claim raised by the complainant in this compliant.

                   On request made, this complaint is ordered to be dismissed as withdrawn with liberty to file a-fresh one, if need be,when final order is passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Appeal Execution No.15 of 2015 titled ‘Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors.’.

                        Counsel for the complainant undertakes to return old cheques, five in number, to the Counsel for Opposite Parties No.1 & 2, within seven days from today.

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