PRAVEEN KUMAR Vs. RPS INFRASTRUCTURE LIMITED
LAWS(NCD)-2020-3-61
NCDRC
Decided on March 18,2020

PRAVEEN KUMAR Appellant
VERSUS
Rps Infrastructure Limited Respondents

JUDGEMENT

S. M. Kantikar,J. - (1.) The present First Appeal is from the impugned order dated 18.08.2017 of the State Consumer Disputes Redressal Forum, New Delhi (for short the State Commission ) passed in C-667/15, whereby the complaint was disposed of as settled.
(2.) The crux of the case is that the complainant booked a residential unit in the project SAVANA being launched by the OP, the basic sale price of which was Rs. 30,44,700.00/-. Buyer s Agreement was executed between the parties on 17.11.2006. Possession was promised to be given within 36 months from the date of execution of the Agreement. Inspite of paying a substantial amount, the OP did not give possession within the stipulated time period. Being aggrieved by the act of the OP, the complainant filed a complaint in the State Commission.
(3.) The State Commission vide order dated 18.08.2017, disposed of the complaint as settled. The State Commission was of the view that a Settlement Deed dated 10.02.2016 existed and hence, interference was not warranted. The Order of the State Commission is reproduced as below: Present: Sh. A.K.Singh, Counsel for the Complainant. Sh. Sudhendra Tripathi, Counsel for the OP. He has filed written arguments. Copy supplied. He has also filed copy of settlement deed dated 10.02.2016. He states that OP offered possession vide letter dated 05.12.2015 copy of which is at page-211 of bench of WS. The OP would deliver the possession within 30 days. Counsel for complainant states that settlement was got signed by force. If that is so, the OP must have challenged the same by now. About one year and six months have passed. In view of the above, the complaint is disposed of as settled. File be consigned to Record Room. ;


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