Chandigarh

StateCommission

EA/272/2019

Parminderjit Singh Gill - Complainant(s)

Versus

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

Naveen Sheokand & Kriteka Sheokand Adv.

30 Jul 2019

ORDER

At the time of arguments, it has been agreed by Sh. Naveen Sheokand, Advocate, Counsel for the decree holder 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.11,07,774/- is due for payment to the decree holder 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 is not supposed to pay anything more qua the unit in question and nothing remains due towards the decree holder.

                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.11,07,774/- 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.

                Counsel for the decree holder volunteered that on getting the amount, as referred to above, the decree holder will prepare a demand draft of Rs.5,000/- in favour of ‘The Director, PGIMER, Chandigarh (PPWF)’ and hand it over to the Secretary of this Commission who shall further remit the same in the Poor Patient Welfare Fund (PPWF) maintained by PGIMER, Chandigarh.

                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 in future, the decree holder 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, penalty of Rs.20,000/- shall be deemed to have been imposed upon the decree holder 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.

                At the time of arguments, it was brought to our notice that under order dated 08.02.2017 passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, the judgment debtors deposited an amount of Rs.5 Lakhs with this Commission on 08.03.2017 by moving Miscellaneous Application bearing No.290 of 2017.

                As per office note, the aforesaid amount of Rs.5 Lakhs is lying deposited with this Commission in the shape of Fixed Deposit Receipt and is available for payment.

                As has been referred to above, on making payment of Rs.11,07,774/- to the decree holder, the entire liability of the judgment debtors will come to an end and as such, prayer made by Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors that the judgment debtors be allowed to withdraw the amount lying deposited with this Commission appears to be justified.

                Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors also volunteered that out of the FDR proceeds, an amount of Rs.5,000/- be paid to PGIMER, Chandigarh which shall further be deposited in the Poor Patient Welfare Fund (PPWF) maintained by the said Institute.

                We appreciate the gesture made.

                Cheque for an amount of Rs.5,000/- be prepared  by the Secretary in favour of ‘The Director, PGIMER, Chandigarh (PPWF)’ and be paid to PGIMER, Chandigarh.

                Qua deduction of Rs.5,000/-, the judgment debtors – Company may take benefit towards their corporate social responsibility.

                Accordingly, Secretary of this Commission is directed to get the aforesaid FDR liquidated and release an amount of Rs.5 Lakhs  alongwith interest, which may have accrued thereupon in the Fixed Deposit Receipt, (minus aforesaid amount of Rs.5,000/- to be paid to PGIMER, Chandigarh), in favour of the judgment debtors – Company, namely, ‘DLF Homes Panchkula Private Limited’, subject to verifying identity proof of the person concerned.

                Needful shall be done within seven working days from today.

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