Chandigarh

StateCommission

CC/894/2016

Subhash Chander Chadha - Complainant(s)

Versus

Parsvnath Developers Limited - Opp.Party(s)

Varun Bhardwaj, Adv.

20 Mar 2017

ORDER

Written statement and evidence by way of affidavit of Sh.     Madan Dogra, Authorized Representative, of Parsvnath Towers alongwith Vakalatnama and copies of certain documents have been filed by the Counsel for Opposite Parties No.1 & 2, which are taken on record. Copies of reply and evidence and documents annexed therewith have been supplied to the Counsel opposite.

                    Written statement and evidence by way of affidavit of Sh.     Baldev Singh, Chief Accounts Officer of Chandigarh Housing Board, Chandigarh Madan Dogra, Authorized Representative, of Parsvnath Towers have been filed by the Counsel for Opposite Party No.3, which are taken on record. Copies of the same have been supplied to the Counsel opposite.

                   Admittedly, principle amount already stood paid to the complainants through post-dated cheques. The dispute is only with regard to payment of interest and also compensation under Clause 9(c) of Flat Buyer’s Agreement dated 15.10.2007 (Annexure C-2).

                   At the time of arguments, Sh. Aftab Singh Khara, Advocate, Counsel for Opposite Parties No.1 & 2 has handed over five post-dated cheques bearing Nos.200669 dated 30.05.2017 in the sum of Rs.2,864/-; 200670 dated 06.06.2017 in the sum of Rs.3,85,636/-; 200671 dated 23.05.2017 in the sum of Rs.5,00,000/-; 200672 dated 30.05.2017 in the sum of Rs.4,97,136/- and 200673 dated 06.06.2017 in the sum of  14,479/-, totaling Rs.14,00,115/- to the Counsel for the complainants. It is stated by Counsel for the parties that the matter qua payment of interest in the ratio of 70:30 and also 100% compensation under Clause 9(c) of the aforesaid Agreement by the Builder (Opposite Parties No.1 & 2) is pending consideration before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in in Appeal Execution No.15 of 2015 titled ‘Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors.’. It is agreed between the parties that let this complaint be disposed of with liberty to the complainants to file it again, if need be, after final order is passed in the aforesaid case.

                   It is agreed that in case of dishonor of any post-dated cheque, the dishonor will be intimated to Sh. Yudhvir Arora, Sr. Manager of Opposite Parties No.1 & 2 at his email address i.e.

                   Liberty granted.

                   The complaint stands dismissed as withdrawn, at this stage.

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