KALPANA BUILDERS & DEVELOPERS Vs. VIDYA VINOD GADE

JUDGEMENT

(1.) Ma No. 697 of 2018

(2.) Vide order dated 16.05.2018, First Appeal No. 123 of 2018 was disposed of in terms of the settlement arrived at between the parties. In the said order, the terms of settlement were recorded that the possession of the flat in question shall be handed over to the Respondent/Complainant on "as is where is basis" and, further, the amount deposited by the Appellant while filing the Appeal shall be released to the Complainant forthwith.

(3.) The Appeal was filed on 19.01.2018 along with the statutory deposit of Rs. 35,000/- by the Appellant. The said amount of Rs. 35,000/- has to be given to the Complainant. So far as the amount of Rs. 11,79,901/-, which the Appellant is claiming and which has been deposited pursuant to the order dated 08.02.2018, i.e. subsequent to the filing of the Appeal, is concerned, as the possession of the flat in question has already been handed over to the Complainant on "as is where is basis", the amount of Rs. 11,79,901/- is to be released to the Applicant. Accordingly, said amount is directed to be released to the Appellant, along with accrued interest, if any, within two weeks.