ORDER NO. 31 DT. 4.3.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Complainants through Mr. Souvik Das and the OP through Mr. Avik Das, Ld. Advocates, are present.

By an order dt. 30.11.10 a virtual settlement of the complaint case amongst the parties was recorded.  Further, by an order dt. 2.2.11 this State Commission for the purpose of giving effect to such settlement between the parties appointed joint receivers for facilitating the settlement of the complaint case upon delivery of the flat in question to the complainants by the OP upon payment of the agreed amount to the Ops by the complainants expeditiously.  Today the complainants have filed a petition by clearly admitting that the possession of the flat in question has been handed over to them on 11.2.11 by the Op and the Op has received the amount as agreed between the parties on 19.2.08.  However, in the above petition the complainants have indicated certain discrepancies in the construction work of the flat in question and have further alleged that they are entitled to an interest on the amount paid by them for delayed delivery of possession of the flat in question.  Such question being not part of the settlement that was  arrived at between the parties, no order could be passed on such issues. In view of the settlement as arrived at between the parties and further in view of handing over possession of the flat in question by the OP to the complainant upon payment of the agreed amount to the OP by the complainant this complaint case shall stand disposed of as being settled.  The parties will bear their respective costs.