Chandigarh

StateCommission

EA/73/2015

Jitindeep Dhooria - Complainant(s)

Versus

Parsvnath Developers Limited - Opp.Party(s)

Kapil Kumar Bhardwaj, Adv.

16 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UT CHANDIGARH
 
Execution Application No. EA/73/2015
In
Complaint Case No. CC/44/2015
 
1. Jitindeep Dhooria
S/o Sh. Manjit Singh Dhooria, through Shri Kirpal Singh r/o HIG 145, Sector 48-C, Chandigarh
2. Jaswinder Jit Kaur Dhooria
w/o Sh. Manjit Singh Dhooria, HIG 145, Sector 48-C, Chandigarh
...........Appellant(s)
Versus
1. Parsvnath Developers Limited
through Yudhvir Arora, Senior Manager, Parsvnath Royale, Behind Society No. 105/111, Sector 20, Panchkula
2. The M. Director Sanjeev Kuamr Jain
Chairman Pradeep Jain, Parsvnath Developers Ltd., Regd. & Corp. Office 6th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi 110001
3. The Chairman, Chandigarh Housing Board
8 Jan Marg, Sector 9, Chandgiarh 160009
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Jasbir Singh PRESIDENT
  DEV RAJ MEMBER
  PADMA PANDEY MEMBER
 
For the Appellant:
For the Respondent:
ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Execution Application No.

:

73 of 2015

Date of Institution

:

22.09.2015

Date of Decision

:

16.10.2015

 

         

  1. Jitindeep Dhooria, aged 33 years, son of Shri Manjit Singh Dhooria.

 

  1. Jaswinder Jit Kaur Dhooria, aged 64 years, wife of Shri Manjit Singh Dhooria, HIG 145, Sector 48-C, Chandigarh.

Both through Authorized Representative Shri Kirpal Singh, resident of HIG 145, Sector 48-C, Chandigarh.

 

……Decree Holders/Complainants

V e r s u s

1. Parsvnath Developers Limited, through Yudhvir Arora, Senior Manager (Commercial), Parsvnath Royale, Behind Society No.105/111, Sector 20 Panchkula.  

2. The M.Director (Sanjeev Kumar Jain), Chairman (Pradeep Jain), Parsvnath Developers Limited,  Registered and Corporate Office, 6th Floor, Arunachal Building 19, Barakhamba Road, New Delhi-110001.

  1. The Chairman, Chandigarh Housing Board, 8, Jan Marg, Sector-9, Chandigarh 160009.

(No claim is claimed against the Judgment Debtor No.3 in the present Execution Application).

 

              .... Judgment Debtors/Opposite Parties

 

 

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh.Kapil Kumar Bhardwaj, Advocate for the Decree Holders/complainants.

Sh.Aftab Singh Khara, Advocate for Judgment Debtors No.1 and 2.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

            Two demand drafts bearing Nos. 009975 dated 12.10.2015 for an amount of Rs.4,00,000/- and 010019 dated 14.10.2015 for an amount of Rs.3,93,134/- (total amounting to Rs.7,93,134/-) have been handed over by the Counsel  for Judgment Debtors No.1 and 2 to the Counsel  for the Decree Holders/complainants.

2.         Sh.Aftab Singh Khara, Advocate, Counsel  for Judgment Debtors No.1 and 2 makes a statement that the balance amount, if any, including compensation due under Clause 9(c) of the Flat Buyer Agreement shall be paid to the Decree Holders/complainants through bank draft within four weeks. Sh.Aftab Singh Khara, Advocate, Counsel  for Judgment Debtors No.1 and 2 has undertaken to pay compensation under Clause 9(c) to the Decree Holders/complainants, in terms of order dated 14.10.2015 passed by this Bench in Execution Application No.53 of 2015 titled as “Jyoti Sood & Anr. Vs. Parsvnath Developers Limited & Anr.”   

3.         It is further said that amount of TDS, if deducted, be also paid to the Decree Holders/complainants. The interest on the amount to be paid shall be calculated till today.   

4.         It is said that Judgment Debtors No.1 and 2 will honour their commitment within the stipulated period, as prayed by them. If the commitment is not honoured and the Decree Holders/complainants are forced to file the third Execution Application, very heavy cost by way of compensation shall be imposed upon Judgment Debtors No.1 and 2/Opposite Parties No.1 and 2.

5.         In terms of the above order, this Execution Application stands disposed of. 

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

7.           File be consigned to the Record Room after completion.

Pronounced

October 16, 2015.

                  Sd/-      

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

Sd/-

(DEV RAJ)

MEMBER 

 

Sd/-

(PADMA PANDEY)

      MEMBER

 rb

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

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