Haryana

Karnal

EA/14/2019

Rajnish Gupta - Complainant(s)

Versus

Haryana Urban Development Authority - Opp.Party(s)

Vineet Kapoor

26 Nov 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                                     Execution No.14 of 2019

                                                                     Date of instt. 25.01.2019

                                                                     Date of Decision 26.11.2020

 

1.      Rajnish Gupta son of Shri Sat Parkash Gupta;

2.      Smt.Anju Gupta;

3.      Neeraj Singla;

4.      Ankit Singla, all residents of H.No.31-A, Chaman Garden, Karnal, District Karnal.

                                                                             …….Decree holders

                                       Versus

 

Haryana Urban Development Authority (now Haryana Shahri Vikas Pradhikaran) through its Estate Officer, Sector-12, Urban Estate, Karnal.  

                                                                             …..Opposite party.

 

Execution application under Section 27 of Consumer Protection Act, 1986.  

 

Before       Sh. Jaswant Singh…….…President  

Sh.Vineet Kaushik ………..Member

                    Dr. Rekha Chaudhary…….Member

 

Present:    Shri Vineet Kapoor, counsel for DHs.

                   Shri Amit Munjal, counsel for JD.

 

ORDER:

                   Vide this order, we dispose of execution application under Section 27 of Consumer Protection Act, 1986.

2.                Today the case was fixed for filing reply to the application for directing the OP to pay the balance amount of interest to the DH.      

3.                Learned counsel for DHs has suffered his statement to the effect that as per the order dated 01.05.2017, passed by this Commission, the OP/JD had refunded an amount of interest i.e. ₹27,49,556/- and ₹75,855/- (interest on delay payment). The original price of the plot is ₹1.34 crores, which the DHs have already paid to the JD in time. So far as, the development work is concerned, the official of the JD namely Shri Dharamvir, Executive Engineer, HSVP, Karnal, vide his statement dated 12.10.2020, undertake to complete the same within three months from 12.10.2020 and Shri Sushil Kumar, Deputy Superintendent, HSVP, Karnal, also undertake by suffering his separate statement dated 22.10.2020 that the fresh offer of possession of the plot in question will be offered within fifteen days after completion of basic development work at the site in question. Decree holders have no objection, if the present execution application is disposed of on the aforesaid terms and conditions with the prayer for liberty to file fresh execution petition by the DHs in case of non-compliance of the orders by the JD qua the development work at the site in question within the stipulated period.

4.                On the other hand, learned counsel for JD has not raised any objection with regard to making the payment of the plot to the JD.

5.                Learned counsel for DHs stated that except the basic development work at the site, whole compliance of the orders has been made by the JD.

6.                On 12.10.2020, Shri Dharamvir, Executive Engineer, HSVP, Karnal appeared and suffered his separate statement to the effect that the development work had already been started at the site and he undertakes that it will be completed within three months from today.

7.                On 22.10.2020, Shri Sushil Kumar, Deputy Superintendent, HSVP, Karnal, appeared on behalf of Estate Officer, HSVP, Karnal and suffered his separate statement to the effect that in the present case, possession will be offered within fifteen days after completion of basic development work at the site in question.

8.                Keeping in view the statements of Shri Dharamvir, Executive Engineer, HSVP, Karnal, Shri Sushil Kumar, Deputy Superintendent, HSVP, Karnal and learned counsel for DHs, the application for directing the OP to pay the balance amount of interest as well as present execution application are disposed of. However, if the JD/OP fails to comply the order within the time framed i.e. to complete the basic development work at the site, then the DHs are at liberty to file fresh execution. File be consigned to record, after due compliance.     

 

Announced:

26.11.2020

                                                                             President

                                                             District Consumer Disputes                      

 Redressal Commission, Karnal.

 

 

 

(Vineet Kaushik)       (Dr. Rekha Chaudhary)         

      Member                              Member