Chandigarh

StateCommission

EA/409/2019

Wing Cdr. Jaspal Singh Shoker - Complainant(s)

Versus

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

In Person

25 Oct 2019

ORDER

MA/813/2019

                   This application has been filed by the decree holders for exemption from filing certified copy of order dated 03.03.2017 and placing on record its true copy, which is duly supported by an affidavit.

                   In view of reasons mentioned in the application, the application is allowed and exemption is granted subject to just exception of the case. True copy of order dated 03.03.2017 is taken on record.

                   The application stands disposed of accordingly.

EA/409/2019

                This execution application has been filed by the decree holders/complainants under Section 27 of the Consumer Protection Act, 1986 for execution of the order dated 03.03.2017 passed by this Commission in Consumer Complaint bearing No.695 of 2016 upheld by Hon’ble National Consumer Disputes Redressal Commission, New Delhi vide order dated 01.08.2019 with modification.

                   It be registered.

                   Let notice be issued to the judgment debtors.

                   Sh. Shiv Kumar, Advisor (Legal) has put in appearance and accepts notice of this execution application on behalf of the judgment debtors. Copy of the execution application alongwith documents annexed therewith have been supplied to him. He has submitted that let the amount of Rs.5 Lakhs, lying deposited with this Commission be released in favour of the decree holders and demand draft qua the remaining decretal amount of Rs.10,65,083/- has already been sent to the decree holders.

                   Calculation sheet submitted by Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors is taken on record. 

                   Sh. Mohinder Pal Singh, Power of Attorney for the decree holders has submitted that with aforesaid payment of Rs.5 Lakhs, the entire liability of the judgment debtors will come to an end and the claim raised by the decree holders in this execution application will be fully satisfied.

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

                   Accordingly, Secretary of this Commission is directed to get the aforesaid FDR liquidated and release an amount of Rs.5,00,000/- only in the name of the decree holders subject to verification of their identity proofs.

                        The remaining amount of Fixed Deposit Receipt i.e. interest accrued, be refunded to the judgment debtors – Company i.e. DLF Homes Panchkula Pvt. Ltd..

                   Accountant of this Commission should ensure the correctness of the particulars of the cheque to be prepared in favour of the party concerned, before issuing the same, by tallying the particulars from the application.         

                   Needful be done within three weeks from today.

                   In view of above, the entire liability of the judgment debtors and the decree passed stands fully satisfied.

                   Accordingly, this execution application stands disposed of being fully satisfied.

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