Maharashtra

Additional DCF, Mumbai(Suburban)

CC/15/68

SMT. ASHRFI SHAIKH MURAD - Complainant(s)

Versus

M/S.REGAL BUILDER & DEVELOPERS - Opp.Party(s)

SUVARNA JOSHI

09 May 2017

ORDER

Addl. Consumer Disputes Redressal Forum, Mumbai Suburban District
Admin Bldg., 3rd floor, Nr. Chetana College, Bandra-East, Mumbai-51
 
Complaint Case No. CC/15/68
 
1. SMT. ASHRFI SHAIKH MURAD
ROOM NO..204, 2 ND FLOOR, D WING, NATKAR COMPLEX, MUMBRA, THANE
...........Complainant(s)
Versus
1. M/S.REGAL BUILDER & DEVELOPERS
THROUGH PROPRIETOR YAKUB BATATEWALA, MR.ASIF BATATEWALA, WHITE HOUSE, 1 ST FLOOR, 103, OPP. L WARD, BMC OFFICE, S G BARVE MARG, KURLA (W), MUMBAI 400070
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. S.D.MADAKE PRESIDENT
 HON'BLE MR. S.V.KALAL MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 09 May 2017
Final Order / Judgement

PRESENT

                   Complainant by Sadika Shaikh present 

                   Opponent by Digamber Thakare present.                     

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President

  1. The Complainant Smt. Ashrafi Shaikh Murad filed complaint against opposite parties for deficiency in service as per section 12 of consumer Protection Act. 1986.

  2. The Complainant claimed certain reliefs from the opposite parties. During the pendency of complaint the matter was adjourned for settlement on request of the both parties.

  3. The Complainant and Opposite parties amicably settled the matter and filed consent-terms. The compromise pursis bears the signature of parties and their Counsel. They admit the contents of consent terms and signatures on the same.

  4. In view, of settlement, opposite parties agreed to pay total amount of Rs. 13,00,000/-. An amount of Rs. 1,00,000/- has already been paid to complainant as stated inthe consent-terms.

  5. Today the opposite parties paid amount of Rs. 3,00,000/- by cheque to complainant before the forum.

  6. The opposite parties agreed to pay Rs. 3,00,000/- on 09.06.2017, Rs. 3,00,000/- on 07.07.2017 and Rs. 3,00,000/- on 09.08.2017.

  7. Both parties have settled the claim on the basis of consent terms filed on record today i.e. 09.05.2017. The complainant withdraw all allegations in view of compromise.

  8. The complainant waived all claim in respect of the claim made in Complaint No. 68/2015.

  9. The complainant agreed to remain present for cancellation of agreement in respect of flat.

  10. We found the consent terms to be just and reasonable.

  11. We pass the following order.

    ORDER

1.       Consumer Complaint No. 68/2015  is granted in terms of consent terms

           dated 09.05.2017.

2.       The opposite parties are directed to pay Rs. 3,00,000/- to complainant  On 09.06.2017, Rs. 3,00,000/- on 07.07.2017 and Rs.

           3,00,000/- on 09.08.2017.

3.       The consent-terms dated 09.05.2017 shall form part of final order.

4.       No order as to cost.

5.       Copy of this order be sent to both parties.

 
 
[HON'BLE MR. S.D.MADAKE]
PRESIDENT
 
[HON'BLE MR. S.V.KALAL]
MEMBER

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