NCDRC

NCDRC

MA/245/2013

ATUL MAHESHWARI & 2 ORS. - Complainant(s)

Versus

M/S. OMAXE BUILDHOME PVT. LTD. & 2 ORS. - Opp.Party(s)

MR. TANUJ KHURANA & MR. ISHAAN MADAAN

22 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
MISCELLANEOUS APPLICATION NO. 245 OF 2013
 
IN
CC/348/2012
1. ATUL MAHESHWARI & 2 ORS.
...........Appellants(s)
Versus 
1. M/S. OMAXE BUILDHOME PVT. LTD. & 2 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Appellant :
Mr.Ishaan Madaan, Advocate with
Mr.Atul Maheshwari, Ms.Anuradha
Maheshwari and Mr.Puneet Jain,
Complainants in person.
For the Respondent :
Mr.Shalabh Singhal, Adv. with Mr.D.B.R.
Srikant, Vice President of the OP no.1
NEMO for OP no.2 and 3

Dated : 22 Apr 2013
ORDER

This matter is taken up on the joint application of the parties requesting for recording of settlement under Order 23 CPC. Learned counsel for the complainants as also counsel for OP no.1 state at the Bar that complainants and OP no.1 have arrived at amicable settlement, which is duly signed by the complainants of this case as also the complainants of Complaint Case no.63/2013 titled Manoj Jain & Ors. Vs. M/s. Omaxe Buildhome Pvt. Ltd. & ors. It is stated that since a joint compromise has been arrived at in this complaint as also in the other complaint, photocopies of the compromise have been placed on record. Learned counsel for the OP no.1 states that pursuant to the compromise, the OP no.1 is handing over four demand drafts in favour of the complainants Atul Maheshwari, Anuradha Maheshwari, Sushil Kumar Jain and Kristi Jain for Rs.18, 04,000/- each respectively dated 17.04.2013 and drawn on IDBI Bank, C.R. Park, New Delhi. However the bank drafts issued in the name of Sushil Kumar Jain and Kristi Jain also include the amount payable under settlement to the complainant Sh.Puneet Jain. It is submitted that after the receipt of these bank drafts, the complainants have no cause of action for proceeding with the complaint. Mr.Ishaan Madaan, Advocate for the complainants has verified the settlement between the parties. Bank drafts in favour of the complainants are delivered today in the court in full and final settlement of their claim. Sh. Ishaan Madaan, Advocate, on instructions, states that in view of the settlement arrived at between the parties and the claims of the complainants have been fully settled. Thus, learned counsel for the complainants seeks to withdraw the complaint. The complaint is accordingly dismissed as withdrawn/satisfied.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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