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Judgment
A complaint under section 31 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘the Act’) read with Rule 33(1) of the National Capital Territory of Delhi Real Estate (Regulation and Development) (General) Rules, 2016 (hereinafter referred to as ‘Rules’) in Form ‘M’, was filed on 24.02.2020 by Sh. Parvin Goel and Ms. Leena Goel (hereinafter referred to as ‘Complainants’) against M/s A.P. Real Estates (hereinafter referred to as ‘Respondents’).
The Complainants had booked a 3 BHK Residential Flat admeasuring 1500 sq. ft. in the Respondent’s project “A P Wonders” situated at Rohini, Near Metro Station, Rithala, New Delhi, on 01.10.2005.
The Complainants contended that as per the terms and conditions of the Application From, possession of the unit was to be handed over within 30 months from the date of application. The Complainants have paid 85% of the total cost of the unit, amounting to Rs. 38,50,000/-, but possession has not been handed over despite a delay of more than 15 years. The Complainants accordingly sought possession of the flat, interest on delayed possession, compensation of Rs. 20,00,000/- for mental agony, and restriction of the parking charges from Rs. 6,00,000/- to Rs. 1,00,000/- as originally agreed.
During the course of hearing, the Complainants substituted M/s A P Real Estates as Respondents in place of Mrs. Amrita Puri and Mrs. Anju Gangwani, erstwhile Partners of M/s A P Real Estates, and clarified that the relief of “interest on delayed payments” be read as “interest on delayed possession”.
Preliminary hearing in this case was held on 28.07.2020. Respondents joined the proceedings on 14.10.2020. Thereafter, the Respondents filed reply to the complaint, the Complainants filed rejoinder thereto, and the parties filed additional submissions in support of their respective cases.
It has come to the notice of Authority that the parties have amicably resolved the dispute and filed in the through a Settlement Deed dated 29.03.2025, executed between Sh. Parvin Goel, Ms. Leena Goel (‘First Party’) and M/s A.P. Real Estates, through its authorized representative Sh. Sanjeev Kumar (‘Second Party’). The Settlement Deed, inter alia, records as under:
“Whereas the Second Party has constructed and developed a Residential Project in the name and style ‘AP Wonders’ at Rithala Metro Station, Delhi- 110085.
And Whereas the First Party has booked a three-bed room flat in the project AP Wonders developed by the Second Party.
And Whereas, the Second Party has offered possession of the Flat No-7D, Tower-2 allotted to the First Party by way of draw of lots as per the terms and condition agreed between parties at the time of booking.
And whereas the First Party was required to pay the outstanding amount as intimated by the Second Party from time to time. The Second Party vide it letter dated 05.10.2024 informed the First Party an amount of Rs. 59,47,699/- inclusive of interest calculated up to 20-10-2024 was outstanding and payable before the handing over of possession of unit.
And Whereas, the First Party has not paid the demanded outstanding amount and filed a complaint no. 12/2020 before Real Estate Regulatory Authority, NCT of Delhi, which is still pending.
And whereas, the First Party has filed another complaint no. 13/2023 before Adjudicating Officer RERA, NCT of Delhi against the Second Party claiming compensation.
Now the parties have mutually settled the dispute amicably and have agreed to execute the settlement deed on following terms and conditions.”
The terms of settlement, as recorded in the Settlement Deed dated 29.03.2025, read as under:
“1.That the First Party has paid an amount of Rs. 14,00,000/- as per the underwritten detail:-
Date Bank Name Cheque Number Amount 27-03-2025 Punjab National Bank 178165 8,03,123/- 27-03-2025 Punjab National Bank 178166 1,18,000/- 27-03-2025 Punjab National Bank 178167 1,06,000/- 27-03-2025 Punjab National Bank 178168 3,72,877/- mutually agreed as outstanding dues for handing over the possession of unit allotted to him.
2.That the First Party shall withdraw complaint no. 12/2020 pending RERA Authority NCT of Delhi and also complaint No. 13/2023 pending before Adjudicating Officer RERA, NCT of Delhi.
3.That the Second Party shall hand over the physical possession of the Flat No-7D, Tower-2 to the First Party after the Authority allows the withdrawal of both the complaints.
4.That with the execution of this settlement deed all the disputes are fully resolved amicably settled and nothing remains between the parties for any litigation.”
In view of the amicable settlement arrived at between the parties, and having perused the terms of the Settlement Deed dated 29.03.2025, this Authority is satisfied that nothing survives for adjudication in the present complaint.
Accordingly, Complaint No. 12/2020 is disposed of as settled, in terms of the Settlement Deed dated 29.03.2025, which shall form part of this order.
The parties shall remain bound by the terms and conditions of the Settlement Deed dated 29.03.2025.
File be consigned to record room.