Oral
State Consumer Disputes Redressal Commission
U.P. Lucknow.
Appeal No. 374 of 2011
1- Mahinder Tulsiani s/o Late Shri T.L. Tulsiani,
R/o 00-48, 62nd Road, Regopark, New York
11374, Local Address: E-10, Old Double
Storey, Lajpat Nagar-IV, New Delhi-110024
2- Sheetal Chopra w/o Shri Anup Kumar Chopra,
Aged about 48 years, R/p C-24, Top Floor,
East of Kailash, New Delhi. …Appellants.
Versus
1- Mohd. Harun, Director, M/s Seven Heaven
Developers Limited, R/o 3/7, Rajendra Nagar,
Sahibabad (U.P.)
2- Mr. Sunil Bhati, Director, M/s Seven Heaven
Developers Limited, R/o D-64, Shayam Park,
Sahibabad, Ghaziabad U.P.
3- The Proprietor, Tulsi Properties, B-6,
Green Field Colony, Faridabad-121003 .…Respondents.
Present:-
1- Hon’ble Sri Sushil Kumar, Presiding Member.
2- Hon’ble Smt. Sudha Upadhyay, Member.
None for the parties.
Date 13.6.2024
JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed against the order dated 20.12.2010, whereby the ld. District Forum dismissed the execution case no.104 of 2009.
On perusal of the record, it appears that in complaint case no.479 of 2008, Mahinder Tulsiani & anr. vs. Mohd. Harun, Director, M/s Seven Heaven Developers Limited & ors. by allowing the complaint the respondents were directed to provide a plot measuring 200 sq. yard at the rate of Rs.4,220.00 per sq. yard in the NCR region. The decree holder applied for execution of sale deed in favour of the decree holder which was dismissed on the ground that the complainant was offered a plot in any 3-4 projects which are under progress in NCR region but the complainant not interested to get plot in any of the projects which are under progress. This contention was admitted by the ld. District Consumer forum and execution application was dismissed
Although none present to press the appeal. We have gone through the order ourselves and find that this order is ambiguous. No specific reason with figure and facts are mentioned in the judgment that on what occasion at site in which locality the complainant/decree holder was offered a plot by the judgment debtor.
Hence, the appeal is allowed. The order passed by the ld. District Consumer Forum is hereby set aside land the ld. District Consumer Forum is directed to execute the decree passed in complaint case no.479 of 2008 as per direction of the decreed.
Records be sent back to the concerned District Consumer Forum.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Sudha Upadhyay) (Sushil Kumar)
Member Member
Jafri, PA 1
Court 2
