Chandigarh

StateCommission

CC/572/2016

Jagmeet Singh Brar - Complainant(s)

Versus

Parsvnath Developers Limited - Opp.Party(s)

Akal Arpan Brar, Adv.

21 Oct 2016

ORDER

 Vakalatnama filed on behalf of Opposite Party No.2, which is taken on record.

                   Today, in Court, two demand drafts bearing Nos.004213 & 004214, both dated 20.10.2016 in the sum of Rs.5 lacs each and 10 post-dated cheques bearing Nos.200051 dated 10.11.2016 in the sum of Rs.5,00,000/- ; No.200052 dated 10.11.2016 in the sum of Rs.3,00,000/- ; No.200053 dated 25.11.2016 in the sum of Rs.5,00,000/- ; No.200054 dated  25.11.2016 in the sum of Rs.2,86,287/- ; No.200055 dated 10.12.2016 in the sum of Rs.5,00,000/- ; No.200056 dated 25.12.2016 in the sum of Rs.5,00,000/-; No.200057 dated 10.01.2017 in the sum of Rs.5,00,000/-; No.200058 dated 25.01.2017 in the sum of Rs.5,00,000/-; No.200059 dated 10.02.2017 in the sum of Rs.5,00,000/- and No.200060 dated 10.02.2017 in the sum of Rs.2,52,535/- (total Rs.43,38,822/-) have been handed over by Counsel for Opposite Party No.1 to the Counsel for the complainant. Photocopies of the demand drafts and the post-dated cheques have been retained on file.

                   It is stated by Counsel for the complainant that the amount paid partly satisfies the claim raised by the complainant. Be that as it may, in view of payment made, we dispose of this complaint, giving liberty to the complainant to file a-fresh one, against both the Opposite Parties, if need be, as and when, occasion arises and when final order is passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Appeal Execution No.15 of 2015 titled ‘Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors.’.  It is made clear that if any post-dated cheque, on presentation, is dishonoured, each cheque will entail penalty of Rs.20,000/-. However, it is made clear that in case, within 10 days of dishonor, the amount is paid again through demand draft, penalty of Rs.20,000/- accrued will not be levied in case of default in each case. The order passed will be treated as an executable decree, if any cheque bounces. The complainant is also at liberty to file the complaint against both the Opposite Parties as and when occasion arises, to realize the amount paid today through post-dated cheques.

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