Chandigarh

StateCommission

EA/45/2016

Jasdev Singh Mattu - Complainant(s)

Versus

Parsvnath Developers Limited - Opp.Party(s)

Deepak Aggarwal, Adv.

21 Jun 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UT CHANDIGARH
 
Execution Application No. EA/45/2016
In
Complaint Case No. CC/33/2012
 
1. Jasdev Singh Mattu
s/o Sh. Sampuran Singh Mattu, r/o Sechshausere STR 122/33, 1150 Wien Vienna, Austrian, Europe C/o Mr. Rakesh Gupta, Advocate, #216, Sector 35-A, Chandigarh
...........Appellant(s)
Versus
1. Parsvnath Developers Limited
through its Director, SCO No. 1, First Floor, Madhya Marg, Sector 26, Chandigarh
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Jasbir Singh PRESIDENT
  DEV RAJ MEMBER
 
For the Appellant:
Sh. Deepak Aggarwal, Advocate for the Decree Holders.
 
For the Respondent:
Sh. Gaurav Gaur, Advocate Proxy for Sh. Aditya Kochar, Advocate for the Judgment Debtors No.1 & 2 alongwith Sh. Yudhvir Arora, Senior Manager.
Sh. Vishal Sodhi, Advocate for Judgment Debtor No.3.
 
Dated : 21 Jun 2016
Final Order / Judgement

         Sh. Vishal Sodhi, Advocate, Counsel for Judgment Debtor No.3 has filed reply and short affidavit of Sh. Ashok Kumar Jasrotia, Chief Accounts Officer of Chandigarh Housing Board stating that 30% principal amount and interest was paid to the Decree Holders/complainants.

                 Sh. Yudhvir Arora, Senior Manager of the Judgment Debtors No.1 & 2 has handed over six post dated cheques bearing No.050344 dated 19.7.2016 in the sum of Rs.3,50,000/-; 050345 dated 26.7.2016 in the sum of Rs.3,50,000/-; 050346 dated 2.8.2016 in the sum of Rs.3,50,000/-; 050347 dated 9.8.2016 in the sum of Rs.3,35,985/-; 050348 dated 9.8.2016 in the sum of Rs.14,015/- and 050349 dated 16.8.2016 in the sum of Rs.2,71,585/-, totaling Rs.16,71,585/- to the Counsel for the Decree Holders/complainants. Photocopies of the said cheques have been placed on record.

                 Qua payment of compensation under section 9(c) of Flat Buyer’s Agreement dated 11.11.2008  and the period for which it is to be paid proportionately by the Housing Board and the Builder, the matter is pending consideration before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi.

                 In view of payment having been made through post-dated cheques, this Execution Application is dismissed as withdrawn having been partly satisfied, with liberty to the Decree Holders/complainants to file a-fresh Execution Application against the Builder and the Housing Board, on final order being passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Appeal Execution No.15 of 2015 titled ‘Parsvnath Developers Limited & Another Vs. Jyoti Sood and others’, now fixed for 05.08.2016.

                 It is made clear that if any post-dated cheque is dishonored, for each dishonor, Judgment Debtors No.1 & 2 shall pay compensation of Rs.1 Lac in each case, to the Decree Holders.

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

 
 
[HON'BLE MR. JUSTICE Jasbir Singh]
PRESIDENT
 
[ DEV RAJ]
MEMBER

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