Chandigarh

StateCommission

CC/155/2016

Parkash Vir Gupta - Complainant(s)

Versus

Parsvnath Developers - Opp.Party(s)

Sh. Gaurav Aggarwal, Adv.

07 Oct 2016

ORDER

At the time of arguments, Sh. Yudhvir Arora, Senior Manager of Opposite Party No.1 has handed over a demand draft bearing No.015912 dated 05.10.2016 in the sum of Rs.5,00,000/- and four post-dated cheques bearing Nos.200029 dated 15.11.2016 in the sum of Rs.5,00,000/-; 200030 dated 02.12.2016 in the sum of Rs.5,00,000/-; 200031 dated 12.12.2016 in the sum of Rs.4,72,530/- and 200032 dated 12.12.2016 in the sum of Rs.35,171/-,  to Sh. Gaurav Aggarwal, Advocate, Counsel for the complainant towards part satisfaction of the claim of the complainant. For the cheques handed over, receipt has been executed, which is taken on record. The amount paid satisfies part of the claim raised by the complainant.

                   In view of pendency of Appeal Execution No.15 of 2015 titled ‘Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors., Counsel for the complainant wishes to withdraw this complaint, with liberty to file a-fresh one, as and when order is passed in Parsvnath Developers Limited & Anr. Vs. Jyoti Sood & Ors’s (supra).

                   However, right of the complainant to claim relief qua remaining principal amount, interest payable upon the amount paid in the first instance and also compensation under Clause 9(c) of the Buyer’s Agreement, shall remain open.

                   In case, any post-dated cheque bounced, the complainant shall be at liberty to get this complaint revived by moving an application. In that event, a fine of Rs.20,000/- for each dishonoured cheque shall be deemed to have been imposed upon Opposite Party No.1.

                   Liberty granted.

                   The complaint stands disposed of.

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