NCDRC

NCDRC

CC/75/2010

MAPLE CRESCENT CONDOMUNIUM ASSOCIATION - Complainant(s)

Versus

M/S. BHARAT CONSTRUCTION CO. & ORS. - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

09 Dec 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 75 OF 2010
 
1. MAPLE CRESCENT CONDOMUNIUM ASSOCIATION
Through its Secretary, Having its Secertary, Having its Registered Office at K-I, Green Park Main
New Delhi - 110 06
Delhi
...........Complainant(s)
Versus 
1. M/S. BHARAT CONSTRUCTION CO. & ORS.
Regis. Office at K-I Green Park Main, New Delhi, And Branch Office at 101, Tower 'D' Global Business Park, M.G. Road
Gurgaon - 122 002
Haryana
2. M/S. BRILLIANT PORTFOLIOS LTD.
Registered Office at C - 660, New Friends Colony
New Delhi
Delhi
3. MAPLE HEIGHTS CONDOMINIUM ASSOCIATION
Through its President, Block, Sushant Lok - 1
Gurgaon
Haryana
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Complainant :
Mr. Ashish Verma, Advocate
Mr. Madhurendra Kumar
For the Opp.Party :
Mr. Sanjoy Kr. Ghosh (Mediator)
Mr. Mayank Wadhwa, Advocate for R-3
Mr. Rajat Naved, Advocate for R-1
Mr. Vivek Malik, advocate for R-2

Dated : 09 Dec 2011
ORDER

 Counsel for the parties’ state that due to the mediation efforts and hard work put up by Mr. Sanjoy Kr. Ghosh, Court Commissioner, the matter has been amicably settled and the disputes have been resolved between the parties.   Minutes of the Mediation proceedings signed by the parties authenticated by the Court Commissioner as also the Memorandum of Settlement has been filed.  Counsel for the parties affirm to the said Minutes and the settlement reached between the parties.  The same is taken on record and the complaint is disposed of in accordance with the settlement reached between the parties.

2.      Earlier we had directed a fee of Rs. 20,000/- to be paid to
Mr. Ghosh but, looking to  the   arduous   nature   of   the   job and efforts   made   by   him   in   the  Mediation process, we call upon the

parties to pay a further sum of Rs. 20,000/- to Mr. Ghosh within a period of ten days, which will be shared equally by the concerned four parties.

3.      An application has been moved by Mr. Satish Upganilawar seeking his impleadment in the present complaint under Order 1 Rule 10 CPC.  We are informed that he has certain grievance in regard to the parking space allotted/earmarked for individual residents of the society.  Since the parties have reached a settlement, we do not consider it appropriate to re-open the issue by impleading the present complainant.  The application is disposed of with the observations that if the applicant has any grievance, the remedy will be open for him in accordance with law. The counsel appearing for R-3, seeks to withdraw the Execution Application No. 7/2011 and Miscellaneous Application No. 344/2011. The applications are accordingly dismissed as withdrawn.

          Mr.  Rajat Naved, handed over the cheques of Rs. 1,20,00,000/- in terms of the settlement to the complainant.

          The complaint stands disposed of.

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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