A Rajesh, President.
During the proceedings in this Forum the parties filed a compromise petition duly signed by them and their counsel which reads as under.
“Compromise petition filed by complainant and opposite parties in the above case under Order 23 Rule 3 of Civil Procedure Code.
I Muralikrishnan Pothea, S/o. P. Balakrishsnan Nambiar, 6D Regal Avalon, Friends line Mooleppadam road, Vazhakkala Kochin -30, is the complainant in the above complaint and 1st petitioner in this petition.
and
M/s. Regal Realtors and Projects (India) Pvt. Ltd. Door No. 50/2360, Zereena, Railway Station Road, Edapally, Cochin-682 024 represented through the duly authorized Chairman and Managing Director of he company Muhammed Niaz, Chairman and Managing Director, Regal Realtors and Projects (India) Pvt. Ltd, Door No. 50/2360, Zereena, Railway Station Road, Edapally, Cochin-682 024 and Muhammed Niaz, Chairman and Managing Director Regal Realtors and Projects (India) Pvt. Ltd., Door No. 50/2360, Zereena, Railway Station Road, Edapally, Cochin-682 024 are the opposite parties/ the 2nd petitioner herein the compromise petition.
2. The above complaint has been filed for order directing opposite parties to rectify / remove the deficiencies and defects in the services rendered by the opposite parties and to cure the defects mentioned in the complaint or for an order permitting the complainant to cure the defects referred above at the cost of the opposite parties and to recover the same from the opposite party and their assets and to award damages @ Rs. 50,000/- per complaint for the mental pain and agony suffered by them due to the deficiency in the service of the opposite parties and further to award liquidated damages of Rs. 75,000/- for the delayed delivery of incomplete flat.
3. It is submitted that subsequently there had been a settlement between the parties to the complaint and other affected and interested parties holding the flats in the complex.
Now the parties have entered into a compromise whereby the following have been resolved.
A. That the opposite parties hereby agree to rectify/cure defects mentioned hereunder, up to the satisfaction of the complainant and in good quality, within 30 days from the date of recording of this compromise.
a. Completion of fire fighting system.
b. AMC for Passenger Lift, Generator, STP & Transformer.
c. Completion of paved drive way-very poor quality, need to be changed.
d. Completion of out side painting, only one coat painting is done-Painting is very poor/incomplete at car parking area.
e. Correction of poor outside plastering.
f. Handing over the contact address, phone number, email etc. of all flat owners.
g. Plastering the compound wall on the north side.
h. Water stagnancy at car parking area/Drive way/on the terrace of car parking area-proper drainage to be provided
i. Clear the leakage of toilet flush tanks
j. Fixing of terrace door frame.
B. That as per the settlement opposite parties in the complaint further agree to remit necessary fees to concerned authorities and obtain/complete all formalities to get Building assessment number allotment and use certificates to all flat owners from concerned local authority in the names of flat owners including the complainant and shall ensure KWA drinking water connection/water supply, within 30 days from the date of recording of this compromise.
C. That as per the settlement opposite parties agree for:
a. Formation of flat owners association and to do necessary things for the same.
b. Handing over the association fund of Rs. 5,20,000/- to the association
c. Handing over the documents of land within 30 days from the date of recording of this compromise
D. That as per the settlement the complaint may be disposed off recording this compromise between the parties and an award may be passed”.
The terms in the compromise will form part of the order of this Forum to the extend allowed. In terms of the above compromise the proceedings in this complaint stands closed.
Pronounced in the open Forum on this the 6th day of July 2011
