Chandigarh

StateCommission

EA/208/2019

Lt. Col. Sanjeev Dadhwal - Complainant(s)

Versus

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

Narender Yadav & Vineet Yadav Adv.

22 Jul 2019

ORDER

After making requisite calculation in terms of judgment under execution and subsequent orders passed by Hon'ble National Consumer Disputes Redressal Commission, New Delhi and Hon’ble Apex Court, Counsel for the parties are in agreement that as on today, an amount of Rs.94,890/- is due and payable to the decree holder towards full and final settlement of all claims raised in this execution application.

                Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states that the said amount will be paid within five working days from today positively.

                Sh. Narender Yadav, Advocate, Counsel for the decree holder has not raised any objection to the statement so made by Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors.

                It is observed that 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, tax at source cannot be deducted as the amount is being paid towards compensation for the loss suffered by the decree holder(s).

                Faced with the ratio of above said judgment, Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states that when making calculation qua the amount to be paid to the decree holder(s), tax at source will not be deducted. 

                On making above payment, both the parties shall have no claim left against each other.

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

                We make it very clear that in case, the amount is not so paid, liberty shall remain with the decree holder to get this execution application revived.

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