NCDRC

NCDRC

CC/1422/2019

SANJAY GUPTA - Complainant(s)

Versus

M/S. JINDAL REALTY LIMITED - Opp.Party(s)

MR. MADHURENDRA KUMAR

25 Sep 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 1422 OF 2019
1. SANJAY GUPTA
...........Complainant(s)
Versus 
1. M/S. JINDAL REALTY LIMITED
HAVING ITS REGD OFFICE AT DSM 648,6TH FLOOR,DLF TOWER,SHIVAJI MARG,NAJAFGARH ROAD,MOTI NAGAR,DELHI-110015
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE BHARATKUMAR PANDYA,MEMBER

FOR THE COMPLAINANT :
MR MADHURENDRA KUMAR, ADVOCATE
ALONG WITH COMPLAINANT – IN PERSON
FOR THE OPP. PARTY :
MR. SRIHARSH N. BUNDELA, ADVOCATE A/W
MR. SHUBHAM SHARMA, A.R.

Dated : 25 September 2023
ORDER

Dated: 25.09.2023

ORDER

1.      The complainant has approached this Commission under section 21 ‘A’ of the Consumer Protection Act, 1986 seeking the refund of Rs.55,87,404/- along with Rs.51,70,729/- as interest there on @ 18% per annum till 26.07.2019 and compensation of Rs.5,00,000/- for harassment and mental agony and any further orders as deemed fit in respect of the flat no. 145 Block ‘E’ having built up area of 1062 sq. ft. located at “Jindal Global City, Sonepat” allotted today by the opposite party. The sale consideration of Rs.52,65,605/- included PLC, IFMS, EDC/IDC. During the pendency by the complaint before us, a settlement was arrived at between the parties and a final sale deed was executed in favor of the complainants. Accordingly, the complainant withdrew his petition before the NCLT, New Delhi on 03.02.2021.

2.     Counsel for the complainant admits that a settlement deed as well as sale deed has been executed between the parties. However, there are some issues pertaining to the maintenance of the subject flat.

3.     The prayer of the appellant before this Commission was to seek refund in respect of the flat booked by the complainant in the project of the opposite party. In view of the fact that a settlement had been arrived at between the parties and the sale deed had been executed, the issue raised in the complaint is now infructuous. The issues of maintenance are ongoing issues which the parties are expected to resolve between them as part of the arrangement regarding the maintenance of the property.

4.     In view of the above, the complaint is found to be infructuous, and, is accordingly dismissed. There shall be no orders as to costs.

        All pending I.As., if any, also stand disposed of with this order.  

 

 

Dated : 25th September 2023

ORDER

IA nos.12359 of 2023 and 12360 of 2023

Heard the learned counsel for the complainant.

 Since a detailed order has been passed in the present complaint, the present IAs has become infructuous, the same are disposed of.

 

 

 

 

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
.............................................
BHARATKUMAR PANDYA
MEMBER

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