Delhi

StateCommission

A/11/693

ANSAL HOUSING & CONSTRUCTION LTD. - Complainant(s)

Versus

SHARDA VISWANATHAN MENON - Opp.Party(s)

27 Mar 2015

ORDER

M/S ANSAL HOUSING & CONSTRUCTION LIMITED

VS

MRS. SHARADA VISWANATHAN MENON AND OTHERS

 

27/03/2015

FA-693/2011       (Arising out of the order dated 3/10/2011 passed in complaint                                 case No. 1633/2009 passed by the District Consumer Disputes                                Redressal Forum, Barracks Kasturba Gandhi Marg,New Delhi)

Present:     Sh. Kapil Kher, Counsel for the Appellant

                Sh. B.K. Goswami, Counsel for Respondent No.1

                None for Respondent No. 2 & 3

 

        Settlement has arrived between the parties. Appellant and Respondent No.1 have agreed that Respondent No1 shall pay an amount of Rs. 3,50,000/- to the Appellant but the cheque will be issued in the name of Sunrise Estate Management Services which is their maintenance agency and Appellant states that this amount of Rs. 3.5 lakh shall be full and final against all their dues to be paid by Respondent No.1  to them till 2007 when the Complex Was handed over by the Appellant to Residents Welfare Association of the Complex and it has been further agreed that after payment of this amount nothing will remain due to be paid either to the Appellant or to Sunrise Estate Management Services.

        Charges due to be paid by the Respondent No.1 to Residents Welfare Association till date shall be paid by the Respondent NO-1 and it has been further settled among the parties that after payment of the dues to Residents Welfare Association, Respondent NO-1 shall obtain No Objection Certificate/No Dues Certificate from Residents Welfare Association and will hand over that NOC/NDC to the Appellant alongwith other charges like stamp duty etc. for executing the sale deed in favour of the Respondent No.1.

        It has further been agreed that on receipt of NOC/NDC Stamp Duty and other charges toward execution of the sale deed from Respondent No.1.  Appellant shall get the sale deed executed in favour of Smt. Sharda Viswanathan Menon who is the mother of the original allottee Late Sh. Anil Menon who was the son of Mrs. Sharada Viswanathan Menon.  Counsel and Legal Manager of the Appellant states that after the death of the original allottee Lt. Sh. Anil Menon they have transferred the flat No. 09/1204 in their Abhilasha Apartment, Gaziabad in the name of Mrs. Sharada Viswanathan Menon.   Counsel for the Appellant states that after execution of the sale deed they will hand over the peaceful vacant possession of the above mentioned flat on ‘as is where is basis’ to the Complainant/Respondent No1 i.e. Smt. Sharda Viswanathan Menon within 3 days of execution of the sale deed.

        Counsel for the Respondent NO.1 states that he is fully satisfied with the terms of settlement and in the light of the same they will be withdrawing their Complaint No. 1633/2009 within two week filed by them before District Forum, New Delhi, and as no other grievance had been left after this settlement the order dated 3/10/2011 passed by the District Forum against which appellants have preferred the present appeal become infructuous and appeal may be allowed.

        Accordingly in the light of the settlement the appeal filed by the Appellant is allowed and order passed by the District Forum on 3/10/2011 in Complaint Case No. 1633/200 is hereby set aside. Both the parties states that they will abide by their above mentioned settlement and if any party does not abide by the terms of the settlement as mentioned above each party shall be at liberty to approach District Forum, New Delhi under Section 25/27 of Consumer Protection Act, 1986.  The appeal is disposed of in above terms.  Copy of the orders be given Dasti to the parties free of costs and one copy be sent to concerned District Forum and there after file be consigned to records.

        FDR if any deposited by the Appellant be released to the Appellant as per rules.

 

 

(N P KAUSHIK)

MEMBER (JUDICIAL)

 

 

 

(S.C.  JAIN)

MEMBER