This execution application has been filed by the decree holders under Section 27 of the Consumer Protection Act, 1986 to execute an order dated 23.04.2018 passed by this Commission in Consumer Complaint No.346 of 2017. Vide the aforesaid order, following relief was granted by this Commission to the decree holder /complainant :-

 50.       In this case, possession of the unit, in question, stands delivered to the complainants on 06.06.2017.

           The Opposite Party, in this case, is held liable and directed as under:-

51.       As agreed between the parties, the Advocate Charges shall not be charged by the Opposite Parties. The actual expenditure for registration of Sale Deed(s) besides Stamp duty and Registration charges, shall, however, be borne by the complainant(s).”

                   It is an admitted fact that the judgment debtors/Opposite Parties have filed an appeal bearing No. 1079 of 2018 before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi against the aforesaid order. During the pendency of that appeal, the judgment debtors, wherein, filed an application bearing No.IA/2663/2018 and on 14.02.2019, following order was passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi :-

            “The matter is taken up on the application for stay on behalf of the appellant.  It is submitted that matter is listed for execution on 15.02.2019 and appellant has already  handed over the physical possession of the property to the respondents on 06.06.2017 and that appellant is ready to pay the decretal amount to the respondents within four weeks on an undertaking from them that they shall comply with the direction of this Commission in this case.

            In view of this submission, impugned order is stayed, subject deposit of entire decretal amount by the appellant with the State Commission within four weeks and, thereafter, the State Commission shall release the same to the respondents against an undertaking that respondents shall be bound by the outcome of the appeal.

            This order is an interim measure without prejudice to rights and contentions of the parties.   IA stands disposed of.

            Order Dasti.”

                   Reading of the aforesaid order makes it very clear that the judgment debtors have undertaken to deposit the entire decreetal amount i.e. the amount awarded by this Commission, as referred to above. However, the said compliance has not been made till today.

                   At the time of hearing, very fair offer was made by Counsel for the decree holders that in case, the judgment debtors are ready to make payment of an amount of Rs.9,26,249/- i.e. on calculating interest granting for delayed period @9% p.a., the decree holders/complainants shall not raise any further grievance and claim of the decree holders shall be fully satisfied. He further states that possession of the unit, in dispute, has already been delivered to the decree holders.

                   Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states that sale deed will be executed in the next three months on making payment of due charges by the decree holders.  For not complying with the order passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi, the judgment debtors have put themselves in a very difficult situation. To come out of the same, Sh.Shiv Kumar, Advisor (Legal) of the judgment debtors has handed over a demand draft bearing No.518725 dated 18.02.2019 for an amount of Rs.9,26,249/- in the name of the Secretary of this Commission for satisfying the claim of the decree holders.

                   In view of the understanding between the parties, he further states that on acceptance of this payment, the appellant i.e. DLF Homes Panchkula Pvt. Ltd. shall withdraw their appeal, which is pending before the Hon'ble National Consumer Disputes Redressal Commission, New Delhi and will not pursue it further.

                   In view of above, it is ordered that Secretary of this Commission will liquidate the amount of demand draft in the sum of Rs.9,26,249/-, as referred to above and disburse that amount in the name of the decree holders, namely, ‘Jaiveer Singh Narwal’ and ‘Poonam’ in equal shares and the cheque of the aforesaid amount be given to the decree holders/their Counsel within next 10 working days by furnishing proof of identity.

                   For not complying that order passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi on 14.02.2019, we impose a cost of Rs.75,000/- upon the judgment debtors. Sh.Shiv Kumar, Advisor (Legal) of the judgment debtors undertakes to pay the said amount of Rs.75,000/- to the decree holders within next 15 days from today.

                   In view of above, this execution application stands disposed of.

                   Certified copies of this order be sent to the parties, free of charge.