Chandigarh

StateCommission

EA/57/2019

Sudhir Midha - Complainant(s)

Versus

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

Narender Yadav, Vineet Yadav, Adv.

28 May 2019

ORDER

Today in Court, Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors has handed over a demand draft bearing No.519578 dated 27.05.2019 for an amount of Rs.2,02,447/- to Sh. Narender Yadav, Advocate, Counsel for the decree holders against receipt, to satisfy all claims raised by the decree holders against the judgment debtors.

                Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors states 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 has not been deducted as the amount of interest paid is towards compensation for the loss suffered by the decree holders. 

                Sh. Narender Yadav, Advocate, Counsel for the decree holders has accepted the aforesaid demand draft towards full and final settlement of all claims raised by the decree holders and states that on getting this payment today, no further claim is left against the judgment debtors.

                Sh. Shiv Kumar, Advisor (Legal) of the judgment debtor states that application seeking clarification is pending before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi and if need be, similar application will be made before the Hon’ble Supreme Court of India.

                In view of above, we make it very clear that if any adverse order is passed against the decree holders and it is found that excess amount has been paid, in that event, as undertaken by Sh. Narender Yadav, Advocate, Counsel for the decree holders, excess amount shall be returned to the judgment debtors alongwith interest @9% p.a. (simple) starting from today till the date of making the payment.

                Original documents pertaining to the unit, in question, be returned by the decree holders to the judgment debtors within four weeks from today, failing which, a fine of Rs.15,000/- shall be deemed to have been imposed upon the decree holders. In case of default in paying the fine imposed, liberty shall remain with the judgment debtors to move an application to get the fine amount realized from the decree holders.

                On passing of this order, the judgment debtors – Builder is also free to sell the unit, in question, which was allotted to the decree holders.

                In view of above, this execution application stands disposed of having been fully satisfied.

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