NCDRC

NCDRC

FA/288/2011

M/S. ANSAL HOUSING & CONSTRUCTION LTD. - Complainant(s)

Versus

RANJAN MOHINDRA - Opp.Party(s)

MR. SUKUMAR PATTJOSHI

23 Feb 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 288 OF 2011
 
(Against the Order dated 02/05/2011 in Complaint No. 16/2004 of the State Commission Delhi)
1. M/S. ANSAL HOUSING & CONSTRUCTION LTD.
THROUGH ITS DIRECTOR, 15UGF, INDRAPRAKASH, 21, BARAKHAMBA ROAD,
NEW DELHI - 110 001
...........Appellant(s)
Versus 
1. RANJAN MOHINDRA
S/O. DR. PRAN NATH MOHINDRA, R/O. 2, CHANDER NAGAR, JANAKPURI, A-BLOCK
NEW DELHI-110058
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Appellant :
Mr. Sukumar Pattjoshi, Advocate
For the Respondent :
Mr. Satish Kumar Sharma,
Authorised Representative

Dated : 23 Feb 2012
ORDER

Authority letter on behalf of respondent has been filed. Both the parties have entered into joint compromise. Joint application for settlement of dispute has been filed by both the parties today. Para-4 of the application which contains the terms of settlement reads as under:- hat the parties have settled the dispute in the following grounds:- i) hat the appellant has agreed to refund the deposited amount alongwith interest totaling of Rs.22,97,626/- in the form of Demand Draft in favour of Rajan Mohindra as full and final settlement against all claims and demands made by the respondent against the appellant within one week i.e. till 29-02-2012. The DD will be collected by the appellant himself or through his Representative Sh. Ramesh Raheja from appellant office on or before 29.2.2012. if in case the appellant fails to prepare DD ( or deliver on demand the same to the Respondent) on or before 29.2.2012, in such event the appellant shall pay further interest @ 10% on the agreed amount. ii) That on the payment of the above amount, the respondent shall have no lien on the subject flat. Further, he shall be left with no claim or demand whatsoever. iii) The appellant shall apply for release of FDR in its favour only after the delivery of above stated settlement amount DD to Respondent. That Respondent has consented to the appellant to receive FDR, as mentioned in para 3 above, from Honle State Commission, Delhi deposited in the complaint case bearing no.16/2004 titled as Rajan Mohindra Vs Ansal Housing & Construction Ltd. for realization in favour of the appellant. iv) In view of the above terms no disputes survives between the parties and the order passed by the State Commission, Delhi shall be set at large as if no order whatsoever had ever been passed. v) That the appellant shall withdraw his appeal. vi) That both the parties agreed that they are left no grievance or claims against each other. Joint application for settlement of disputes filed by both the parties, is marked as Exhibit C-1 and the same is taken on record. In view of the terms of settlement, appellant shall refund the deposited amount alongwith interest totaling Rs.22,97,626/- (Rupees twenty two lakh ninty seven thousand six hundred twenty six only) by way of demand draft in favour of Mr. Rajan Mohindra, as full and final settlement against all the claims and demands made by the respondent against the appellant within one week, that is, till 29.2.2012. The demand draft shall be collected either by appellant himself or through his representative Shri Ramesh Raheja from the appellant office on or before 29.2.2012. In case, the appellant fails to prepare the demand draft( or deliver on demand the same to the respondent) on or before 29.2.2012, in such event, the appellant shall pay further interest @ 10% on the agreed amount. On payment of the above amount, respondent shall have no lien on the subject flat and he shall be left with no claim or demand whatsoever. The appellant thereafter, may apply for release of FDR in its favour from the State Commission, Delhi, deposited in Complaint Case No. 16 of 2004, titled as Rajan Mohindra Vs. Ansal Housing & Construction Ltd. In view of the above terms of settlement, no dispute remains between the parties and the impugned order passed by the State Commission, Delhi shall stand set aside, as if no order whatsoever has been passed. The present appeal shall stand disposed of being compromised. Both the parties shall be bound by the terms of settlement. No order as to costs.

 
......................J
V. B. GUPTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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