Punjab

Nawanshahr

EA/17/2016

Rakesh Kumar s/o Ajanti Ram - Complainant(s)

Versus

Executive Officer, The Nawanshahr Improvement trust, Nawanshahr, Distt. SBS Nagar - Opp.Party(s)

MP Nayyar

09 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SHAHEED BHAGAT SINGH NAGAR

EA No. 17 of 20.05.2016

 

Rakesh Kumar S/o Sh.Ajanti Ram, R/o M.C. Colony, Ward No.13/467, Banga, Tehsil Nawanshahr, Shaheed Bhagat Singh Nagar.

Versus

1. Executive Officer, The Nawanshahr Improvement Trust, Nawanshahr, District SBS Nagar.
2. Chairman, The Nawanshahr Improvement Trust, Nawanshahr, District SBS Nagar.

ARGUED BY:   

Sh.M.P. Nayyar, Advocate counsel for the applicant/complainant/DH.

 

ORDER
          SMT.NEENA SANDHU, PRESIDENT

 

This execution application has been filed by the applicant/complainant stating therein that the complaint No. 60 of 16.04.2013, titled as “Rakesh Kumar v/s Executive Officer, Nawanshahr Improvement Trust etc. was decided by this forum vide order dated 04.10.2013 in favour of the Applicant/Complainant/DH. The Respondents/OPs/JDs were directed to provide facilities/amenities to the complainant within one year from 29.12.2013, with the condition that in case respondent failed to deliver the possession of the plot alongwith facilities, then the respondent have to refund the total deposited amount with interest @ 12% per annum from the date of deposit. Vide order dated   04.11.2014 in F.A. No. 1207 of 2013 of Hon’ble State Consumer Disputes Redressal Commission, Punjab affirmed the order of this Forum. Against the order passed by the Hon’ble State Consumer Disputes Redressal Commission, Punjab, the respondents filed revision petition No. 663 of 2015, which was dismissed as withdrawn by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi vide order dated 28.03.2016.  Since the respondents have withdrawn the revision petition filed before the Hon’ble National Commission, therefore, the Respondents/OPs/JDs are liable to execute the order passed by this Forum. At present no appeal, revision or any case is pending before any court of law and it is prayed that the application may be accepted and the Respondents/OPs/JDs may kindly be directed to make payment of the due amount,  as per order dated 04.10.2013 passed by this Forum.

We have heard the learned counsel for the Applicant/Complainant/DH and also gone through the file carefully.

The consumer complaint No. 60 of 2013 titled as Rakesh Kumar Vs Executive Officer etc, was disposed of by this Forum vide order dated 04.10.2013. Para No.7 of the said order is reproduced here: -

1. The complainant shall deposit the due amount with the Ops, as per payment schedule mentioned in Para No.1 of agreement to Sell/Form-D, otherwise, the Ops are at liberty to act, according to terms and conditions of allotment letter and agreement to Sell/Form-D.
2. The Opposite Parties shall provide the basic facilities/amenities to the complainant within one year from 29.12.2013, failing which, the Ops shall refund the total amount deposited by the complainant alongwith interest @ 12% per annum from the respective date of deposit till its realization.

In this execution application, applicant has not disclosed about the factum of deposit of the due amount with the Ops as per the order of this Forum. On 26.05.2016, while hearing the learned counsel for Applicant, a query was put to him, as to whether  the Applicant/Complainant/DH has deposited the due amount with the Ops as per payment scheduled mentioned in Para No. 1 of agreement to Sell/Form-D. The learned counsel of the Applicant/complainant/DH stated at bar that Applicant/Complainant/DH has not deposited the due amount with the OPs yet. The order of this Forum was that the complainant shall pay the amount as per schedule and OPs shall give possession within stipulated time.  The complainant has not complied with the order and is thus not entitled to relief as mentioned in Para No.2 of the order as stated above.  Since, the applicant/complainant/DH himself has not made the compliance of the order dated 04.10.2013 passed by this Forum and he has no locus-standi to file the present application consequently we dismiss the same in Limine being not maintainable.

File be indexed and consigned to record room.

 

Kanwaljeet Singh                                                         Neena Sandhu

Member                                                                President

                                                                             09.06.2016