State Consumer Disputes Redressal Commission
Sanjeev Agarwal vs Parsvnath Developers Ltd on 17 March, 2021
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 Execution Application No. EA/35/2020 ( Date of Filing : 17 Mar 2020 ) In Complaint Case No. CC/387/2018 1. Sanjeev Agarwal S/O J.C. Agarwal R/O 62, A/3 Kant Kunj Saket Meerut U.P. ...........Appellant(s) Versus 1. Parsvnath Developers Ltd Registered and Corporate Office 6th Floor Arunachal Building 19 Barakhamba Road New Delhi Through its Chairman ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ASHOK KUMAR PRESIDENT PRESENT: Dated : 17 Mar 2021 Final Order / Judgement
ORAL E/35/2020 Sanjeev Agarwal and another V/s Parsvnath Developers Limited and others 17-03-2021 Case is called out.
Sri Sarvesh Kumar Sharma, learned Counsel for the decree holders/complainants is present.
Sri Satish Chandra Srivastava representative of the Counsel of judgment debtors/opposite parties is also present.
A joint application on behalf of the decree holders and judgment debtors for withdrawal of the execution application has been filed. It be taken on record.
In this application an order of the Hon'ble National Commission dated 09-03-2021 has been annexed which runs as follows:-
"Issue notice. Notice accepted by Mr. Akhilesh, learned Counsel appearing for the Decree Holder/Respondent herein. Fresh notice need not be sent. With the consent of the learned Counsel for the parties this Appeal is being heard and decided finally at this stage.
This Appeal Execution has been filed against the Order dated 22-02-2021, passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (hereinafter referred to as "the State Commission)in Execution Case No. 35 of 2020, wherein Non-Bailable Warrant has been issued against the Director/Managing Director/Promoters to appear before the State Commission on 17-03-2021 on the ground that the Order dated 30-01-2020 passed by the State Commission in Complaint Case No. 387 of 2018 has not been complied with.
Mr. Prabhakar Tiwari, learned Counsel appearing for the Judgment Debtors/Appellants herein submitted that the matter has amicably been settled between the Parties and the entire payment has been made to the Decree Holders and nothing remains to be paid, which fact is also admitted by Mr. Akhilesh, learned Counsel appearing for the Decree Holder/Respondent herein.
Mr. Akhilesh, learned Counsel appearing for the Decree :2: Holder/Respondent herein on instructions received stated that the possession of the Flat in question has not yet been given by the Appellant. Mr. Prabhakar Tiwari, learned Counsel for the Appellant on instructions received has made a statement that the possession of the Flat shall be handed over to the Complainant/Respondent within the time stipulated in the Memorandum of Understanding already entered or which may be entered into between the Parties.
Taking into consideration the admitted fact that the entire payment has been made, nothing survives in Execution Case No. 35 of 2020 pending before the State Commission and the same stands disposed of.
We may make it clear that if the terms of the settlement is not complied with by the Appellant then it will be open to the Complainant/Respondent to file an Application seeking appropriate Orders in this Appeal."
Learned Counsel for the decree holders has requested this Commission to drop the proceedings of the present execution petition in the light of the judgment of the Hon'ble National Commission.
Allowed.
Let the proceedings of the execution petition be dropped in full satisfaction of the decree holders. The record be consigned.
( Rajendra Singh ) ( Govardhan Yadav ) ( Justice Ashok Kumar ) Member Member President Pnt Court-1 [HON'BLE MR. JUSTICE ASHOK KUMAR] PRESIDENT