Date of Filing: 04/10/2016

    Date of Order: 11/07/2017

ORDER

BY SRI.SYED ANSER KHALEEM, PRESIDENT

1.     Both the parties to the proceedings present along with their respective advocates. Also filed Joint Memorandum of settlement held between the parties. As per the Joint Memorandum of Compromise O.P not disputing the amount paid to them as stated in the complaint and the matter is agitated before the arbitrator and finally O.P agreed to the terms of the memorandum of settlement  and accordingly to repay the principle amount paid towards booking amount to the complainant in seven (7) equal installments within eight (8) months from today. The complaiant has also agreed to received the said amount in seven (7) equal installments.

2.     In pursuance of the Joint Memorandum of Compromise and its terms the complaint is accordingly dismissed as the matter settled out of the court.

3.     Counsel for the complainant orally submits if the O.P failed to comply the terms of the Joint Memorandum of compromise and on the basis of the said Joint Memorandum of Promise and the orders passed by this Hon’ble Forum, the complainant at liberty to proceed against the O.P by filing execution proceedings in the event of failure to comply the terms of the memorandum of compromise. The position of law is very clear, as per order 12 Rule 6 of Civil Procedure Code that is judgment on admission and as per the memorandum of compromise O.P clearly admitted that they are ready to refund the principle amount and hence this Forum proceed to pass the following order.

4.     The complaint is hereby allowed in terms of the Joint Memorandum of Settlment and accordingly we proceed to pass the following:-

ORDER

The complaint is allowed as per the terms of the Joint Memorandum of Settlement and complaint is accordingly disposed-off.

Further O.P is directed to pay a sum of Rs.9,00,000/- in seven (7) equal installment within eight(8) months from the date of this order.

(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 11^th Day of July 2017)

                                                     MEMBER                 MEMBER                PRESIDENT

*Rak