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Judgment
Deepa Sharma, Presiding Member
Cost of Rs.5,00,000/- is paid by the OPs by way of DD No. 509677 dated 03.09.2019. Copy of the DD is taken on record. In view of this the order related to issuance of warrant of attachment dated 27.08.2019 is hereby recalled.
It is agreed between the parties that the Complainants shall take possession of the subject flat and pay the balance consideration amount, the amount for the stamp duty for execution of the conveyance deed and statutory charges on the remaining balance amount. OPs shall pay to the Complainants simple interest @10.7% p.a. on the total deposited amount by the Complainants, i.e., Rs.4,35,25,528/-, with them from the due date of possession, i.e., 27.08.2016 till the date of offer of possession, i.e., 11.08.2017 within 2 months and on payment of the balance consideration alongwith stamp duty and statutory charges on the balance consideration, the OPs shall execute the conveyance deed within 2 weeks. OPs shall not charge any holding charges, maintenance charges till the date of possession. That the default interest and the statutory charges on the deposited amount of Rs.4,35,25,528/- shall also not be charged by the OPs.
From the above submissions of the parties, it is apparent that both the parties have agreed to settle the matter on the following terms:-
(i) The Complainants shall pay the balance consideration amount, the amount for the stamp duty for execution of the conveyance deed and statutory charges on the remaining balance amount, within two weeks from the date the interest as agreed by the OPs is paid to them.
(ii) It is agreed between the parties that OPs shall pay simple interest @10.7% p.a. on the total amount of Rs.4,35,25,528/- deposited by the Complainants from due date of possession, i.e., 27.08.2016 till the date of offer of possession, i.e., 11.08.2017, within two months.
(iii) It is also agreed between the parties that OPs shall not charge any holding charges, maintenance charges till the date of possession. That the default interest and the statutory charges on the deposited amount of Rs.4,35,25,528/- shall also not be charged by the OPs.
(iv) It is also agreed between the parties that after the compliance of Complainants' part condition, the conveyance deed in respect of the subject flat shall be executed by the OPs within 2 weeks and possession shall also be handed over simultaneously.
Both the parties are directed to sign this settlement alongwith their counsel.
Sd/- Sd/-
Complainants Opposite Parties
In view of above submission, the present complaint stands disposed of in terms of this settlement. Parties shall remain bound by this settlement.