CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Ex.No.105/2014
SH. RAVINDRA KUMAR SINGH
S/O SH. BRIJ BAHADUR SINGH
R/O H.NO.45/5, SECTOR-5, NEAR WATER WORKS,
GURGAON-122001, HARYANA
…………. DECREE HOLDER
VS.
- M/S M-TECH DEVELOPERS PVT. LTD.,
M-TECH HOUSE, 144-4/A, 4/B, HARI NAGAR,
ASHRAM, NEW DELHI-110014
- BHUVAN ESTATE & CONSULTANTS
B-123, GREEN FIELD COLONY,
FARIDABAD-121001, HARYANA
………….. JUDGMENT DEBTORS
Date of Order: 29.09.2016
O R D E R
This order shall dispose of an application moved by JD(OP-1) for dropping of execution proceedings. In brief DH(complainant) filed a complaint bearing No.466/10 against JD wherein this Forum vide order dated 04.09.2013 directed JD to refund the amount i.e. Rs.3,88,000/- alongwith interest @ 9% from the date of deposit till actual refund and also directed to pay litigation expenses of Rs.4,000/-.
Thereafter this execution application was filed by DH on 03.03.2014 stating therein that during the pendency of execution application DH has received the principal amount i.e. Rs.3,88,000/- on 02.09.2013 and sought execution of the order dated 04.09.2013. JD in the application stated that the principal amount has been refunded as per the orders of Hon’ble High Court hence this execution application is not maintainable.
The application is opposed by the DH on the ground that order has nothing to do with the execution application as the amount was received by him under protest and that was in respect of criminal complaint and moreover the Hon’ble High Court in its order dated 15.04.15 has clarified that the complainants/investors who have settled with judgment debtor/opposite party prior to 17.12.2013 in respect of criminal prosecution shall have right to avail civil remedy. The receipt vide which this amount of Rs.3,88,000/- has been received by the complainant is placed on record whereby complainant has specifically stated that he is withdrawing criminal complaint as he has received refund of principal sum of Rs.3,88,000/- but he is still not satisfied with the principal sum of Rs.3,88,000/- so received and shall be at liberty to avail civil remedy as available in law. The amount has been withdrawn through Nodal Officer appointed by the Hon’ble High Court.
It is evident from the aforesaid discussion that the amount was withdrawn in respect of the criminal complaint which has nothing to do with the execution application. The same is very much maintainable and JD is directed to comply with the order dated 04.09.2013. JD has to pay interest in respect of Rs.3,88,000/- from the date of deposit @ 9% till 02.09.2013 and to also pay Rs.4,000/- towards litigation expenses.
Put up for the compliance of the order for 23.11.2016. Parties to appear on that day.
Copy of the order be sent to the parties free of cost.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
