Chandigarh

StateCommission

EA/30/2019

Jaswant Singh - Complainant(s)

Versus

DLF Homes Panchkula Pvt. Ltd. - Opp.Party(s)

Naveen Sheokand & Kriteka Sheokand Adv.

11 Jun 2019

ORDER

In view of amount having been received from the Hon’ble Supreme Court of India for disbursement, we waive of the cost imposed on 08.05.2019 upon the judgment debtors.

                   At the time of arguments, it has been agreed by Sh. Narender Yadav, Advocate, Counsel for the decree holder(s) and Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors that as per order passed by this Commission, modified by Hon’ble National Consumer Disputes Redressal Commission, U.T., Chandigarh and finally decided by Hon’ble Supreme Court of India on 19.11.2018, as on today, as per directions issued from time to time, in all, an amount of Rs.32,16,000/- is due for payment to the decree holder(s) by the judgment debtors, which includes liability qua compensation for mental and physical harassment and litigation charges, towards discharge of their full and final claim raised. 

                   It is also agreed that the decree holder(s) are not supposed to pay anything more qua the unit in question and nothing remains due towards the decree holder(s).

                   Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states that tax at source has not been deducted in terms of judgment passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in First Appeal No.531 of 2016 titled ‘Puma Realtors Pvt. Ltd. Vs. Abha Arora’ on 11.10.2018. 

                   We appreciate that no dispute has been raised by both the parties qua calculation.

                   In view of above, directions are issued to the Secretary of this Commission to release an amount of Rs.32,16,000/- to the decree holder  on verifying his /his representative’s identity.

                   The aforesaid amount be disbursed out of Office CLTD Account No.38483170844 maintained with State Bank of India, (Branch) Sector 7, Chandigarh, which was opened on account of transfer of an amount of Rs.5,26,52,276/- from the Registry of Hon’ble Supreme Court of India and qua which, by passing an order on 22.05.2019, above said account was opened. The remaining amount shall continue to be deposited as per terms and conditions under which the said account was opened.

                   Needful shall be done within seven working days from today.

                   At the time of hearing, it was stated by Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors that to get clarification qua payment of amount towards compensation for suffering mental and physical harassment and litigation charges, the judgment debtors are going to file an application before the Hon’ble Supreme Court of India.

                   Be that as it may, as and when the said application is filed and in case, any adverse order is passed against the decree holder(s) in future, the decree holder(s) will return the amount within three weeks from the receipt of notice from the judgment debtors, failing which, the amount demanded will start getting interest @9% p.a. (simple) at the end of period mentioned above. We make it very clear that in case the amount is not so returned by the decree holder(s), penalty of Rs.20,000/- shall be deemed to have been imposed upon the decree holder(s) and it will be open to the judgment debtors to file an execution application to realize said amount.

                   With above observations, this execution application stands disposed of having been fully satisfied qua the liability of both the parties.

                   Certified copies of this order be given dasti to the parties/their Counsel free of charge.