Haryana

Panchkula

EA/50/2015

GLORY FERT.ENCLAVE CO.OPARATIVE GROUP HOUSING SOCIETY. - Complainant(s)

Versus

HUDA. - Opp.Party(s)

VIVEK SHARMA.

02 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                             

Execution Application No.	:	50 of 2015
Date of Institution	:	29.07.2015
Date of Decision	:	02.05.2016

                                                                                          

Glory Fert. Enclave Co. Operative Group Housing Society, GH-14, Sector-24, Panchkula through its Member Vaishnu Sharma.

                                                                               ….Complainant/DH

Versus

1. Haryana Urban Development Authority, Sector-6, Panchkula through its Chief Administrator.
2. Administrator Haryana Urban Development Authority, Sector-6, Panchkula.
3. Estate Officer, Haryana Urban Development Authority, Sector-6, Panchkula.

                                                                 ….Opposite Parties/JDs

Before:        Mr.Dharam Pal, President.

     Mrs.Anita Kapoor, Member.

     Mr.S.P.Attri, Member.

 

Present:       Mr.Dinesh Chopra, Adv., for the complainant.

                   None for the Ops.

 

                  

                   The complaint filed by the complainant was decided by this Forum vide order dated 28.04.2015 and following order was passed:-

“In view of the facts and circumstances of the case, we are of the opinion that the present comlaint is partly allowed and the Ops are directed to grant 10% rebate to the complainant-society on price of land. The Ops are further directed to pay Rs.5,000/- as cost of litigation.

                   Thereafter, the complainant filed the present execution which was duly replied by the Ops that the compliance of the order has already been made. The complainant by way of objections dated 20.11.2015 has averred that the Ops/JDs have not fully complied with the order passed by this Forum as they have not paid the litigation cost of Rs.5,000/- and they have no right to adjust the said amount. The Ops filed the reply to the objections and it has been submitted that the order has been fully complied with. However, there is no direction to pay the amount in cash as the agreement executed between the parties has to be read in entirety.

                   On 03.03.2016, counsel for the Ops had made a statement that the order under execution has been fully complied with and also placed on record account statement showing that an amount of Rs.9,45,045/- and Rs.5,000/- has been adjusted in the account of the complainant on 29.07.2015. After that the complainant was given full opportunity to file any objections but to no avail.

                   After going through all the facts and circumstances, the order under execution has been fully complied with, therefore, the present execution application has become infractuous and the same is hereby disposed off accordingly.

                   A copy of this order be sent to the parties free of costs and file be consigned to record room after due compliance.

 

 

Dt.02.05.2016      (S.P.Attri)           (Anita Kapoor)            (Dharam Pal)

                              Member              Member                       President