Uttarakhand

StateCommission

A/13/124

Hansmulkhi Projects Private Ltd. & another - Complainant(s)

Versus

Rajiv Garg - Opp.Party(s)

Mr. T.S. Bindra

05 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
176 Ajabpur Kalan,Mothrowala Road,
Dehradun-248121
Final Order
 
First Appeal No. A/13/124
(Arisen out of Order Dated 02/04/2013 in Case No. 124/2012 of District Dehradun)
 
1. Hansmulkhi Projects Private Ltd. & another
E-51 Race Course Dehradun through its aut. Signatory.
Dehradun
Uttarakhand
...........Appellant(s)
Versus
1. Rajiv Garg
s/o A. s. Garg r/o flat No. 614 A Race Course Valley Race Course,Dehradun.
Dehradun
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.S. Verma PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Per: Justice B.S. Verma, President (Oral):

 

First Appeal No. 124 of 2013; Hansmukhi Projects Pvt. Ltd. and another Vs. Sh. Rajeev Garg and First Appeal No. 147 of 2013; Sh. Rajeev Garg Vs. M/s Hansmukhi Projects Pvt. Ltd. and another, have been preferred against the order dated 02.04.2013 passed by the District Forum, Dehradun in consumer complaint No. 124 of 2012.

During the course of arguments, the parties have arrived at amicable settlement in respect of the disputed amount.  A joint compromise application has been filed, which has been signed by Sh. T.S. Bindra, learned counsel for the appellants – Hansmukhi Projects Pvt. Ltd. and another as well as respondent – complainant Sh. Rajeev Garg, who is present in person before this Commission and has been identified by his counsel Sh. Paramjit Batta, Advocate.

The respondent – complainant has agreed to receive     Rs. 2,10,000/- in full and final settlement of his claim.  Therefore, the appellants – Hansmukhi Projects Pvt. Ltd. and another are directed to pay sum of Rs. 2,10,000/- to the respondent – complainant Sh. Rajeev Garg within a period of 30 days’ from the date of the order.  So far as the direction passed by the District Forum, directing Hansmukhi Projects Pvt. Ltd. and another to pay sum of Rs. 3,72,080/- to the respondent – complainant is concerned, the same is hereby set aside in view of the compromise arrived between the parties.  Rest of the impugned order passed by the District Forum in respect of providing parking space to the complainant, is maintained, as the same has been recorded on the basis of the sale deed executed in favour of respondent – complainant.

The appeal is decided in terms of the compromise arrived between the parties.  The compromise application shall form part of the order.  The District Forum is directed to release the amount deposited by Hansmukhi Projects Pvt. Ltd. and another, in favour of the complainant to the extent of amount of settlement mentioned in the compromise application, i.e., Rs. 2,10,000/-.  No order as to costs.

 
 
[HON'BLE MR. JUSTICE B.S. Verma]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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