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Judgment
I.A. No. 302 of 2016
I.A. No. 5569 of 2016
By application No. 5569 of 2016, the applicants/complainants have made the following prayers: "(A) Penalize and punish the respondent/opposite parties for willful defiance and disobedience of orders dated 01.04.2016 in E.A. No. 27 of 2016 and order dated 09.05.2016 passed by this Hon''ble Commission in M.A. No. 217 of 2016; and
(B) Impose heavy penality @ Rs.10,000/- per day upon the respondent/opposite parties for non compliance of order dated 09.05.2016 in MA No. 217 of 2016; and/or
(C) Recall the order dated 27.07.2015 in Complaint No. 20/2014 and decide the complaint on merits granting relief as prayed in the complaint; and
(D) Pass such orders as this Hon''ble Commission deem fit in the facts and circumstances of the case.
FOR THIS ACT OF KINDNESS THE COMPLAINANT/APPLICANT AS IS DUTY BOUND AND SHALL EVERY PRAY."
It is submitted by learned counsel for the complainants/applicants that from perusal of the consent decree passed by predecessor Bench on 27.7.2015, it would be seen that the Opposite parties, as per the settlement, had undertaken to help the complainants in getting bank loan for making payment against the consideration amount.
It is argued that the undertaking given by the opposite parties was submitted to the bank but the bank has declined to release the amount unless the cancellation of allotment is revoked. The complainants approached the opposite parties for seeking an undertaking, as per the requirement of the bank but they have declined to do it. Therefore, it is prayed that the opposite parties should be punished for willful defiance and disobedience of the consent decree as well as the order dated 1.4.2016 in E.A. No. 27 of 2016 and order dated 9.5.2016 passed by this Commission in MC No. 217 of 2016. Besides the above prayer, certain other reliefs have been asked for and the complainants have also prayed for recall of the consent decree dated 27.7.2015.
We have perused the undertaking filed by Shri Ashok Kumar S/o Shri Bharat Singh, Manager (Legal) of the opposite parties. On going through the undertaking, we find it in accordance with the consent decree. The consent decree is very clear that after making the payment of the consideration amount, cancellation of allotment shall be revoked. Therefore, the complainants cannot insist for revocation of cancellation of allotment before making the payment. However, in order to resolve the controversy, we have suggested that the complainants should approach the Bank with the copy of the order dated 27.7.2015 and request them to remit the cheque of consideration amount in favour of opposite parties and it is directed that if the bank remits the cheque drawn in favour of opposite parties, the cancellation of allotment shall automatically stand revoked on the same day. The possession of the flat shall be handed over as per the consent decree.
I.A. No. 5569 of 2016 and I.A. No. 302 of 2016 stand disposed of. Copy of this order as well as the copy of the order dated 27.7.2015 duly attested by the Court Master be given dasti to the complainants so that they may submit the same before the Bank for release of the amount.