STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of the Institution: 02.05.2024
Date of final hearing: 21.05.2024
Date of Pronouncement: 21.05.2024
A.E.A. No.01 of 2024
Ravinder Chauhan @ Ravi aged about 39 years, son of Sh. Hari Chand, R/o Village Kira, Police Station Sadar Nuh, District Nuh (Mewat), Haryana.
.….Appellant/JD
Versus
Mohd. Harun S/o Abdul Mannan, aged about 41 years, R/o Village Sudaka, Nuh Tehsil and District Nuh (Mewat). .….Respondent/DH
CORAM: Mr. Naresh Katyal, Judicial Member.
Ms. Manjula, Member.
Present:- Mr. Jagmohan Singh, counsel for appellant/JD.
Mr. Vijay Pal Singh Namdev, counsel for respondent/DH.
O R D E R
PER: NARESH KATYAL, JUDICIAL MEMBER:
Delay of 254 days (as per office report) resulted in filing of this appeal in execution stands condoned for reasons mentioned in application (M.A. 356 of 2024) for condonation of delay and it stands disposed off.
2. In above appeal; notice was issued for 05.07.2024. It has been taken up today on filing of MA No. 452 of 2024. In this application, it is pleaded that compromise has been affected between parties and order dated 30.09.2022 of District Consumer Commission-Nuh (Mewat) stood complied with. Whatever amount was due in view of that order, same has been paid, out of court, to respondent-Decree Holder.
3. Respondent- Decree Holder has appeared today in person, in this appeal and suffered statement on oath in Hindi, which on being translated in English reads:-
“Stated that in aforesaid appeal, which has been filed by Ravinder Chauhan @ Ravi against execution order dated 18.07.2023; I, with my consent have arrived at compromise with Ravinder Chauhan. Whatever amount was due to me from Ravinder Chauhan; the same has been received by me fully and I have no subsisting claim against Ravinder Chauhan, as my claim has been fully satisfied. If execution is still pending in executing court below, I will withdraw the same. I am giving this statement with my full knowledge and without there being any external pressure on me. I have no objection, if Ravinder Chauhan is ordered to be released from custody.”
Decree Holder-Mohd. Harun/respondent has been duly identified by his counsel-Sh. V.P.S. Namdev who too has appeared today and filed his power of attorney on behalf of DH in this appeal.
4. Thereupon, Sh. Jagmohan Singh, Advocate for revisionist/appellant/Judgment Debtor has suffered following statement on oath:-
“A Stated that I am placing on record of this Execution Appeal; the certified copy of order dated 03.10.2023 passed by District Consumer Disputes Redressal Commission-Nuh (Mewat), vide which, Ravinder Chauhan (JD) has been ordered to sent to Jail to serve sentence.
Since, now compromise has been affected between Ravinder Chauhan (JD) and Mohd. Harun (DH) and awarded amount has been paid to Mohd. Harun and he has suffered statement to this effect, today in this court, therefore JD-Ravinder Chauhan be now set at liberty forthwith and be released from Jail, by allowing this execution appeal.”
5. Appellant/Judgment Debtor has assailed legality of order dated 18.07.2023 in present appeal. Through this order; warrant of arrest was ordered to be issued against Revisionist-Ravinder Chauhan @ Ravi (JD). Through subsequent order dated 03.10.2023 (today placed on record in court through statement of JD’s counsel); JD has been ordered to be sent to jail to serve sentence. Since, now compromise has been affected between DH and JD and due amount has already been paid to DH by JD, as per statement suffered today by Mohd. Harun (DH) in presence of his counsel, therefore, this Commission is of view that: nothing survives either in this appeal or as a matter of fact in execution proceedings (if same are still pending in District Consumer Commission-Nuh (Mewat), for or against parties to this lis. The claim of Decree Holder-Mohd. Harun stood fully satisfied by Judgment Debtor-Ravinder Chauhan @ Ravi by paying him the due amount in terms of order dated 30.09.2022 which was under execution before learned District Consumer Commission.
6. In wake of above, to keep Judgment Debtor in custody, for any further period on force of order dated 03.10.2023 passed by learned District Consumer Commission would amount to compounding his irony and miseries for no surviving reason/cause. Accordingly, Judgment Debtor Ravinder Chauhan @ Ravi is ordered to be released from custody, forthwith on the force of this order, in case he is not required in any other case and direction to this effect is issued to concerned Jail Authorities.
7. Consequently, this appeal in execution stands allowed. Since, orders dated 18.07.2023 and 03.10.2023 have practically lost their legal significance in view of compromise between parties, therefore, the same are set aside. Decree Holder-Mohd. Harun would withdraw his execution petition, if same is still pending, by making statement before learned Executing Court, strictly in consonance with statement made by him today before this Commission regarding his compromise with Judgment Debtor-Ravinder Chauhan @ Ravi, as his claim having stood fully satisfied.
8. Since, main appeal in execution has now been decided through this order, therefore, M.A. No. 452 of 2024 also stands disposed off.
9. A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 and same be also forwarded to learned District Consumer Commission forthwith. It be also uploaded on the website of the Commission for perusal of parties.
10. File be consigned to record room along with a copy of this order.
Pronounced on 21st May, 2024
Manjula Naresh Katyal
Member Judicial Member
Addl. Bench-I Addl. Bench-I
D.K.
