NCDRC

NCDRC

ERP/1/2014

HARYANA HOUSING BOARD - Complainant(s)

Versus

MOHAN LAL JAIN - Opp.Party(s)

MR. SALIL PAUL

16 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
EXECUTION REVISION PETITION NO. 1 OF 2014
 
(Against the Order dated 20/09/2013 in Appeal No. 72/2013 of the State Commission Haryana)
1. HARYANA HOUSING BOARD
THROUGH ITS SECRETARY, SECTOR 6,
PANCHKULA
HARYANA
...........Petitioner(s)
Versus 
1. MOHAN LAL JAIN
HOUSE NO. 7844, RATTAN LAL BUILDING, RAM NAGAR, PAHARGANJ,
NEW DELHI-55
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Salil Paul, Advocate
For the Respondent :

Dated : 16 Jan 2014
ORDER

 

 

 

 

          Learned counsel for the petitioner present.

          Arguments heard. 

          We see no force in the revision petition.  However, it is made clear that the District Forum had directed ‘to recover the due amount from the complainant by calculating contractual simple rate of interest as per their

policy prevailing at that time.  However, it is made clear that in case no such policy was in existence at that time, then Ops can charge only 10% simple interest.’

          Learned counsel for the petitioner submits that he had produced the policy and the documents but the District Forum did not consider the same.  The judgment debtor is given another opportunity to move an application before the executing court and the policy and the documents be shown to it for its perusal.  The District Forum is directed that the decree in favour of the judgment debtor be complied with fully.  This is a well known fact that the executing court cannot go behind the decree passed in the complaint.

          The revision petition stands disposed.

          Copy be given dasti.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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