Viswanath Seshamani filed a consumer case on 29 Apr 2022 against M/s.Hiranandani Palace Gardens Pvt.Ltd & another in the StateCommission Consumer Court. The case no is FA/124/2013 and the judgment uploaded on 12 Jan 2023.
IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.
Present: Hon’ble THIRU. JUSTICE. R. SUBBIAH : PRESIDENT
THIRU R. VENKATESAPERUMAL : MEMBER
F.A. Nos. 185 of 2012 and 124 of 2013
(Against the order passed in C.C. No.68 of 2010 dated 22.11.2011 on the file of the D.C.D.R.F., Chengalpattu.
Friday, the 29th day of April 2022
In F.A. Nos. 185 of 2012 :-
1. M/s. Hiranandani Palace Gardens Pvt. Ltd.,
Rep. by its Managing Director
Having its Office at Triveni Academy
Triveni Nagar, Vadakupattu Village
Singaperumal Koil
Chennai– 603 204.
2. M/s. Hiranandani Palace Gardens Pvt. Ltd.,
Rep. by its Managing Director
Having its Registered Office at
No.514, Dalamal Towers
Nariman Point
Powai, Mumbai– 400 076. .. Appellants/ Opposite Parties
- Vs –
Vishwanath Seshamani
Residing at 37, Jurong East Avenue
# 16-02, Park Oasis
Singapore – 609 775. .. Respondent/ Complainant
In F.A. Nos. 124 of 2013 :-
1. Vishwanath Seshamani (deceased)
37, Jurong East Avenue
# 16-02, Park Oasis
Singapore – 609 775. .. Appellant / Complainant
2. Mrs. Geetha Ramanathan
W/o. Late Viswanath Seshamani
D4/25, Ground Floor
DLF Phase 5, DLF Exclusive Floors
Gurgaon,Haryana – 122 002.
3. Ms. Divya Seshamani
D/o. Late Viswanath Seshamani
7th Floor, Kings Building
16th Smith Square
London SWIP 3 HQ .. Appellants/
LRs of the Complainant
Vs.
1. M/s. Hiranandani Palace Gardens Pvt. Ltd.,
Rep. by its Managing Director
Having its Office at Triveni Academy
Triveni Nagar, Vadakupattu Village
Singaperumal Koil
Chennai– 603 204.
2. M/s. Hiranandani Palace Gardens Pvt. Ltd.,
Rep. by its Managing Director
Having its Registered Office at
No.514, Dalamal Towers
Nariman Point
Powai, Mumbai– 400 076. ..Respondents/ Opposite Parties
Counsel for Appellants in FA No.185/2012 &
Respondents in FA No.124 of 2013
/ Opposite Parties : M/s. Muthu Venkataraman
Counsel for Respondent in FA No.185/2012 &
Appellants in FA No.124 of 2013
/Complainant : M/s. S. Rajasekar
These appeals are posted before us for reporting settlement on 29.04.2022 and on hearing the arguments of the counsel for the appellants and the respondents, this Commission made the following :-
O R D E R
R.SUBBIAH J., PRESIDENT
1. F.A. No.185 of 2012 has been filed by the Appellants/ Opposite Parties under Section 15 of the Consumer Protection Act, 1986 as against the order dated 22.11.2011 passed by the District Consumer Disputes Redressal Forum, Chengalpattu, in C.C. No.68 of 2010, allowing the complaint filed by the respondent/ complainant herein.
2. As against the same order, the complainant has also filed F.A. No.124 of 2013 for enhancement of the compensation amount.
3. Today, when the Appeals were taken up for consideration, it is represented by both the parties that the matter has been amicably settled between the parties. Counsel appearing for the appellants/ opposite parties in F.A. No.185 of 2012 submitted that they have deposited the entire award amount before the District Consumer Redressal Forum, Chengalpattu, pursuant to the orders passed by this Court in the stay application in C.M.P. No.408 of 2012 in F.A.No.185 of 2012 on 28.03.2012. He has also made an endorsement in the docket of F.A.No.185 of 2012 that the respondent/ complainant may be permitted to withdraw the said amount.
4. Similarly, the counsel for the complainant/ respondent, who is the counsel for the appellant/ complainant in F.A.No.124 of 2013 has also made an endorsement in the appeal F.A.No.124 of 2013, to the following effect :-
“In view of the endorsement made in F.A.No.185 of 2012 , this appeal may be disposed of accordingly.”
5. Since, the matter has been settled out of Commission, both the appeals are disposed. The complainant is permitted to withdraw the entire award amount deposited before the District Consumer Redressal Forum, Chengalpattu by the appellants/ opposite parties, by filing appropriate application. Recording the endorsement made by the counsel appearing for both the parties, the appeals are disposed.
R. VENKATESAPERUMAL R.SUBBIAH
MEMBER PRESIDENT
Index : Yes/ No
AVR/SCDRC/Chennai/Orders/April/2022
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