Chandigarh

StateCommission

MA/683/2018

Smt. Roma Sangwan W/o Sh. Kalyan Singh - Complainant(s)

Versus

M/s DLF Homes Panchkula Pvt. Ltd. - Opp.Party(s)

Parveen Jain Adv.

18 Dec 2018

ORDER

On 05.12.2018, following order was passed by this Commission in Execution Application bearing No.278 of 2018:-

            “At the time of hearing, it is stated by Sh. Shiv Kumar, Advisor (Legal) of the judgment debtors that in terms of the order passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi  and by this Commission on 12.11.2018, a demand draft bearing No.518159 dated 26.11.2017 for an amount of Rs.12,82,503.11 has been deposited with this Commission by filing MA/656/2018 for payment to the decree holder. After hearing Counsel for the parties, we return the said demand draft of Rs.12,82,503.11 to Sh.Shiv Kumar, Advisor (Legal) of the judgment debtors against receipt with a direction to prepare two demand drafts i.e. one for an amount of Rs.5 lakhs in the name of the decree holder/complainant and hand it over to her for payment within 10 days from today and another demand draft for an amount of Rs.7,82,503.11 shall be deposited with this Commission within 10 days from today. Before receiving the said amount of Rs.5 lakhs, the decree holder/complainant will file an undertaking with the Secretary of this Commission that in case, any adverse order is passed by the higher Court, the decree holder/complainant shall redeposit the said amount of Rs.5 lakhs with the judgment debtors alongwith rate of interest applicable to the Fixed Deposit Receipt.

            In view of above, this execution application and also miscellaneous application bearing No.656 of 2018, which is also listed for today, are disposed of at this stage.

            We make it very clear that this order is to be passed without prejudice to the rights of both the parties to raise any objection in the application to be filed in future, if need be.

            Certified copies of this order be sent to the parties, free of charge.”

 

                In response to above order, Sh. Shiv Kumar, Advisor (Legal) of the applicants/judgment debtors, by moving this application wishes to deposit with this Commission an amount of Rs.7,82,503.11 by way of demand draft bearing No.518262 dated 13.12.2018 in the name of Secretary of this Commission.

                   He has also handed over another demand draft bearing No.518263 dated 13.12.2018 in the sum of Rs.5 Lakhs in the name of the non-applicant/decree holder ‘Roma Sangwan’, today in Court.

                   The aforesaid demand draft prepared in the name of the non-applicant/decree holder ‘Roma Sangwan’ is ordered to be kept in the safe custody of the Secretary of this Commission.

                   It is further directed that notice of above fact be sent to the non-applicant/decree holder, namely, ‘Roma Sangwan’ in EA No.278 of 2018 and her Counsel, namely, Sh. Abhineet Taneja, Advocate through SMS, with a direction to get the aforesaid demand draft in the sum of Rs.5 Lakhs released on filing an undertaking as mentioned in order dated 05.12.2018.

                   Qua demand draft in the sum of Rs.7,82,503.11, it is ordered that it be kept in the Fixed Deposit Receipt till further orders. The amount so deposited shall be released to the party concerned alongwith interest, if any, accrued thereon, subject to the final outcome of the litigation pending in the Hon’ble National Consumer Disputes Redressal Commission, New Delhi. 

                   Accordingly, this application stands disposed of.

                   Certified copies of the order be sent to the parties free of charge.