SANJAY GUPTA Vs. JINDAL REALTY LIMITED

JUDGEMENT

(1.) The complainant has approached this Commission under Sec. 21 'A' of the Consumer Protection Act, 1986 seeking the refund of Rs.55,87,404.00 along with Rs.51,70,729.00 as interest there on @ 18% per annum till 26/7/2019 and compensation of Rs.5,00,000.00 for harassment and mental agony and any further orders as deemed fit in respect of the flat no. 145 Block 'E' having built up area of 1062 sq. ft. located at 'Jindal Global City, Sonepat' allotted today by the opposite party. The sale consideration of Rs.52,65,605.00 included PLC, IFMS, EDC/IDC. During the pendency by the complaint before us, a settlement was arrived at between the parties and a final sale deed was executed in favor of the complainants. Accordingly, the complainant withdrew his petition before the NCLT, New Delhi on 3/2/2021.

(2.) Counsel for the complainant admits that a settlement deed as well as sale deed has been executed between the parties. However, there are some issues pertaining to the maintenance of the subject flat.

(3.) The prayer of the appellant before this Commission was to seek refund in respect of the flat booked by the complainant in the project of the opposite party. In view of the fact that a settlement had been arrived at between the parties and the sale deed had been executed, the issue raised in the complaint is now infructuous. The issues of maintenance are ongoing issues which the parties are expected to resolve between them as part of the arrangement regarding the maintenance of the property.