Chandigarh

StateCommission

EA/215/2019

Dr. M C Sood - Complainant(s)

Versus

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

Narender Yadav & Vineet Yadav Adv.

22 Jul 2019

ORDER

At the time of arguments, Sh. Narender Yadav, Advocate, Counsel for the decree holder(s) and Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors, by looking into the calculations made by each other, agreed that as on today, an amount of Rs.6,58,542/- is due for payment to the decree holder(s) by the judgment debtors.

                It is further stated that an amount of Rs.5 Lakhs was deposited by the judgment debtors with this Commission.

                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.

                It is agreed by both the Counsel for the parties that let part of the aforesaid due amount be paid to the decree holder(s) by liquidating the aforesaid FDR.

                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. 

                Counsel for both the parties volunteered that out of the FDR proceeds, an amount of Rs.10,000/- 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.10,000/- be prepared  by the Secretary in favour of ‘The Director, PGIMER, Chandigarh (PPWF)’ and be paid to PGIMER, Chandigarh.

                The amount of Rs.10,000/-, so deducted, shall be adjusted half and half i.e. Rs.5,000/- each in the accounts of both the parties.

                For their share of deduction i.e. 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 out of the FDR proceeds, release an amount of Rs.4,95,000/- only in the name of the decree holder(s), namely, ‘Dr. M. C. Sood’, and the balance amount of FDR (minus aforesaid amount of Rs.10,000/- i.e. Rs.5,000/- each qua the share of both the parties to be paid to PGIMER, Chandigarh), be released in favour of the judgment debtors – Company, namely, ‘DLF Homes Panchkula Private Limited’, subject to verifying identity proofs of the persons concerned.

                Needful shall be done within 7 working days from today.

                Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states that the balance amount of Rs.1,58,542/- shall be paid to the decree holder(s) by 05.09.2019.

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

                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.