Chandigarh

StateCommission

CC/196/2018

Dr. Suman Mor - Complainant(s)

Versus

Omaxe Chandigarh Extension Developers Pvt. Ltd. - Opp.Party(s)

01 Oct 2018

ORDER

Vakalatnama on behalf of the Opposite Parties not filed.

                   The Opposite Parties moved an application bearing No.496 of 2018 stating that the total value of the relief claimed by the complainant would come to Rs.1 crore and as such, this Commission has no pecuniary jurisdiction to try and entertain this complaint.

                   Faced with the situation, proxy Counsel for the complainant, on getting instructions from Dr.Suman Mor, complainant, who is present in Court, states that let this complaint be allowed to be dismissed as withdrawn with liberty to file it a-fresh one after giving better particulars.

                   To the prayer made, no objection has been raised by the Counsel opposite.

                   It is also on record that when notice was issued in this complaint on 16.05.2018, the following order was passed by this Commission :-

 

                        “Taking note of facts of the case, date fixed in CC/196/2018 is preponed from 18.05.2018 to today.

                   Let notice be issued to the Opposite Parties.

                   Sh. Ashim Aggarwal, Advocate is present in Court to represent the Opposite Parties in some other case. On our asking, he accepts notice of this complaint on behalf of the Opposite Parties. Copies of the complaint and other documents annexed therewith have been supplied to him. He seeks time to file reply and evidence/affidavit. He may do so on or before the next date of hearing, with advance copy to the Counsel opposite.

                   On request, the matter is adjourned to 14.06.2018.

                   It is stated by the Counsel for the complainant that the complainant is ready to take possession in terms of possession offer letter dated 21.12.2016 on making payment of an amount of Rs.4,96,697.40 without prejudice to her rights.

                   In view of above, we direct the complainant to visit the site on any working day in the next 10 days. Upon his doing so, the Opposite Parties are directed to hand over possession of the unit, in question, which shall be accepted by the complainant and existence of any snag/deficiency will not be any ground for not accepting the possession. If there is any snag(s)/deficiency, its list be prepared and provided to the Opposite Parties under signatures. Copy of the same be retained for our use. The complainant undertakes to deposit the aforesaid amount without prejudice to her rights. On receiving above amount, the Opposite Parties are directed to hand over possession without insisting upon signing any document except document of handing over of possession.

                   Copy of this order be given dasti to Counsel for both the parties.”  

 

                In response to the order passed, possession of the plot, in question, was handed over to the complainant on 15.06.2018.

                   Taking note of the above fact, this complaint is ordered to be dismissed as withdrawn with liberty to file it again on the same cause of action, after giving better particulars. .

                   It is made clear that qua the possession of the plot handed over to the complainant, the parties shall maintain status quo for three weeks from today.

                   Certified copies of this order be sent to the parties, free of charge.