STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Execution Application No.14 of 2018 in
Consumer Complaint No.430 of 2016
Date of the Institution: 12.04.2018
Date of Decision: 08.10.2021
Dr. (Mrs.) Raj Mittal, Professor, Physics Department, Punjabi University, Patiala-147002 (Resident of Kothi No.4302 Phase-II, Urban Estate, Patiala) Punjab.
.….Decree Holders-Complainant
Versus
1. DLF Homes Panchkula Pvt. Ltd. Through its Managing Director/Director, SCO No.101-102, DLF City Centre, I.T. Park, Kishangarh, Chandigarh.
2. DLF Homes Panchkula Pvt. Ltd. Having its registered office at 12th Floor DLF Gateway Tower, DLF City, Phase-III, National Highway 8, Gurgaon, Haryana through its Manager/Authorized Signatory/officer-in-charge/Director Sales & Marketing.
.….Judgment Debtors-Opposite parties
CORAM: Mr.Ram Singh Chaudhary, Judicial Member.
Present:- Shri Ammish Goel, counsel for the applicant-Decree Holder-complainant in person.
Shri Shashank Sharma, counsel for the Judgment Debtors-opposite parties.
O R D E R
RAM SINGH CHAUDHARY, JUDICIAL MEMBER:
(The matter has been heard through virtual hearing).
As per order dated 27.09.2021 contained in letter No.1578, I am conducting these proceedings singly.
2. Due to Covid-19 pandemic, the matter could not be taken up on 15.04.2020, 23.07.2020, 06.10.2020, 22.12.2020, 11.03.2021, 31.05.2021 and thereafter the matter was adjourned for 02.12.2021.
3. Learned counsel for the applicant-Decree Holder-complainant has filed miscellaneous application bearing No.258 of 2021 for preponing of the date fixed in the present matter as well as for seeking permission for withdrawal of present execution application from this Hon’ble Bench with the liberty to file afresh before this Hon’ble Commission, if situation arises.
4. Heard on the above said application. Keeping in view of the contents of the applications and the contentions raised by learned counsel for the applicant-Decree-Holder-complainant present miscellaneous application bearing No. 258 of 2021 stands allowed and the execution petition is preponed from 02.12.2021 for today. Miscellaneous application bearing No. 258 of 2021 is hereby disposed of accordingly.
5. Learned counsel for the applicant-Decree Holder-complainant has also suffered a statement that he may be permitted to withdraw the present execution petition in terms of e-mail dated 21.09.2021 (Annexure C-10) received from Judgment Debtors-opposite parties with liberty to file afresh before this Hon’ble Commission, if situation arises. His statement in this regard recorded separately.
6. In pursuance of the respective statement made by learned counsel for the applicant-Decree Holder-complainant, the present execution petition is hereby stands dismissed as withdrawn with liberty to file afresh before appropriate authority. However, limitation would not be a rider in filing afresh execution petition.
October 08th, 2021 Ram Singh Chaudhary
Judicial Member Addl. Bench
R.K
