State Consumer Disputes Redressal Commission
Smt. Vijayshree Yadav vs Paramount Propbuild Pvt. Ltd on 5 May, 2021
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
JUDGMENT RESERVED ON: 06.04.2021
JUDGMENT PRONOUNCED ON: 05.05.2021
FIRST APPEAL NO. 20/2021
IN THE MATTER OF
SMT. VIJAYSHREE YADAV .....APPELLANT
VERSUS
PARAMOUNT PROPBUILD PVT. LTD. ....RESPONDENT
CORAM:
HON'BLE DR. JUSTICE SANGITA DHINGRA SEHGAL
(PRESIDENT)
HON'BLE SH. ANIL SRIVASTAVA, (MEMBER)
Present: Mr. Pankaj Kumar, Counsel for the Appellant.
None for the Respondent.
PER: HON'BLE DR. JUSTICE SANGITA DHINGRA SEHGAL,
PRESIDENT
JUDGMENT
[Via Video Conferencing]
1. The Appellant has preferred the present appeal against the order dated 09.02.2021 whereby the District Forum has held as under:
8. This Commission cannot act upon the settlement arrived at between the parties in the Mediation Centre primarily for the reason that title of the complainant to the extent of share of her deceased husband in the flat in question is in dispute in the probate proceedings which can be adjudicated only by that Civil Court and not by this Commission in summary proceedings. This Commission has to wait for a declaration FA 20/2021 Page 1 of 4 from the said Civil Court regarding share of the deceased husband in the flat in question.
9. In view of the above, the proceedings of the instant complaint are stayed until final decree is passed in probate case in suit no. 10/2018 pending before the Ld. District and Sessions Judge, Gurugram, Haryana. File be consigned to record room which may be got revived after passing of the said decree by the said court.
2. The Appellant has impugned the aforesaid order on the ground that the District Forum failed to take into consideration the fact that the parties were referred to Mediation wherein, a settlement was arrived at between the parties and the case should have been disposed of according to the terms of the Settlement, whereby, the Appellant undertook to indemnify the Respondent in case the Probate Proceedings before the District Sessions Judges, Gurugram, Haryana, was decided otherwise than in favour of the Appellant, leading to dispute as to the title of the flat in question.
3. We have heard the counsel for the appellant and perused the material available on record.
4. The present appeal involves a short question for adjudication as to whether the Settlement arrived at before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, can be executed given that the Probate Proceedings are pending before the Ld. District Sessions Judges, Gurugram, Haryana, wherein, the title of the property, subject matter of the present appeal is yet to be adjudicated.
5. The perusal of the record shows that the flat was booked and allotted in the name of the Appellant and her husband who expired on 22.12.2013, bequeathing all his property in favour of his wife i.e. the present appellant. The Will by which the aforesaid was done, is the FA 20/2021 Page 2 of 4 subject matter of probate proceedings before the District and Sessions Judges, Gurugram, Haryana in Suit No. 10/2018.
6. During the pendency of the Probate Proceedings, the Appellant in her individual capacity, moved a Complaint against the Respondent alleging Deficiency of Service before the District Forum. However, the parties were referred to Mediation and a settlement was arrived at between the Appellant and the Respondent. Here, it is pertinent to mention that since the Probate Proceedings are still pending before the Competent Court, the Appellant is only entitled to half of the share in the property, which is the subject matter of the present appeal. Hence, no compromise can be entered into by the Appellant on behalf of her deceased husband until and unless the Probate Proceedings are concluded.
7. Consequently, we hold that the Settlement entered into between the Appellant and the Respondent cannot be executed till the Probate Proceedings are decided in favour of the Appellant.
8. In terms of the aforesaid discussion, we uphold the order dated 09.02.2021 passed by the District Forum, Central. The Appellant shall be at liberty to get the Complaint Case No. 50/2020 filed before District Forum, Central, ISBT, Kashmere Gate revived and disposed of according to the Settlement arrived before the Mediation Centre, Tis Hazari Court, after the conclusion of the Probate Proceedings in Suit No. 10/2018 filed before the District Sessions Judges, Gurugram, Haryana.
9. Applications pending, if any, stands disposed of in terms of the aforesaid judgment.
10. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986. The judgment be FA 20/2021 Page 3 of 4 uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this Judgment.
(DR. JUSTICE SANGITA DHINGRA SEHGAL) PRESIDENT (ANIL SRIVASTAVA) MEMBER Pronounced On:
05.05.2021 FA 20/2021 Page 4 of 4