NCDRC

NCDRC

AE/34/2021

DLF HOMES PANCHKULA PVT. LTD. - Complainant(s)

Versus

MR. ROSHAN LAL GOYAL & ANR. - Opp.Party(s)

M/S. KARANJAWALA & CO.

07 Jul 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL EXECUTION NO. 34 OF 2021
 
(Against the Order dated 06/11/2020 in Complaint No. 284/2019 of the State Commission Chandigarh)
1. DLF HOMES PANCHKULA PVT. LTD.
SCO 190-191-192, SECTOR 8 C
CHANDIGARH-16000
...........Appellant(s)
Versus 
1. MR. ROSHAN LAL GOYAL & ANR.
S/O SH.GOPI CHAND GOYAL,INDEPENDENT FLOOR NO.897-GF,BACK SIDE STATE BANK OF INDIA,AMRAVATI ENCLAVE
PANCHKULA
HARYANA
2. MR. PUNEET GOYAL
S/O SH.ROSHAN LAL GOYAL,INDEPENDENT FLOOR NO.897-GF,BACK SIDE STATE BANK OF INDIA,AMRAVATI ENCLAVE
PANCHKULA
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER
 HON'BLE MR. SUBHASH CHANDRA,MEMBER

For the Appellant :
Mr. Priyash Sharma, Advocate
For the Respondent :

Dated : 07 Jul 2021
ORDER

Matter is taken up after pass over.

          We have heard the arguments on the present Appeal Execution against the order dated 06.11.2020 of the State Commission in Execution Application No.284 of 2019.

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          The brief facts of this case are that the Decree Holders had filed the Complaint No.568 of 2016 which was decided by the State Commission vide order dated 05.12.2016.  Against the said order, the Appellant had filed an Appeal no.134 of 2017 before this Commission and this Commission confirmed the order of the State Commission dated 05.12.2016 vide its order dated 11.12.2017.  There was some modification and this Commission vide its order dated 11.12.2017 reduced the rate of interest from 12@ p.a., as granted by the State Commission, to 9% p.a.  This order was impugned by the Appellant before the Hon’ble Supreme Court in Civil Appeal No.11097 of 2018.  The Hon’ble Supreme Court confirmed the order of this Commission and while disposing of the Civil Appeal No.11097 of 2018, directed that the period over which interest shall be payable will be in conformity with the order passed by the SCDRC.  The State Commission vide its order dated 05.12.2016 had directed that the interest shall be paid from 01.12.2016 till the date of physical possession.

          It is an admitted fact that the possession was handed over to the Decree Holder by the Appellant on 03.02.2017.  Vide the impugned order, the State Commission has held that the Appellant is liable to pay interest till 03.02.2017.  This direction of the State

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Commission is in conformity with the order of the Hon’ble Supreme Court dated 19.11.2018 in Civil Appeal No.11097 of 2018.

          We found no infirmity or illegality in the impugned order.  The present Appeal has no merit and the same is dismissed.   

 

 
......................J
DEEPA SHARMA
PRESIDING MEMBER
......................
SUBHASH CHANDRA
MEMBER

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