Haryana

Panchkula

EA/4/2023

MEENAKSHI VERMA. - Complainant(s)

Versus

M/S KONARK RAJHANS ESTATE PVT.LTD. - Opp.Party(s)

VANSH MALHOTRA

04 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA.  

                            

Execution Application No.	:	04 of 2023
Date of Institution	:	12.01.2023
Date of Decision	:	04.04.2024

Meenakshi Verma, W/o Sh. Sanjeev Verma, R/o 790, Amravati Enclave, Near Chandi Mandir, Panchkula, Haryana.

…….Decree Holder/Complainant 

Versus

 

1.       M/s Konark Rajhans Estate Pvt. Ltd., Village Kot, Sector-14, Panchkula,    Extension II, Haryana, 134118 through its Manager, Authorised         Signatory/Officer Incharge/Director Sales and Marketing.

  

2.      Subhash Chand Garg, Director/Authorised Signatory of M/s Konark           Rajhans Estate Pvt. Ltd., Village Kot, Sector-14, Panchkula, Extension II,      Haryana, 134118.

 

3.       Vishal Kaushal, Director/Authorised Signatory of M/s Konark Rajhans       Estate Pvt. Ltd., Village Kot, Sector-14, Panchkula, Extension II,   Haryana, 134118.

 

4.       Shreesh Asthana, Director/Authorised Signatory of M/s Konark         Rajhans Estate Pvt. Ltd., Village Kot, Sector-14, Panchkula, Extension II,    Haryana, 134118.

 

                                                            …. Judgment Debtors/Opposite Parties

 

Execution Application under Section 72 of Consumer Protection Act, 2019 (as amended upto date)

 

Before:       Mr. Satpal, President.    

                   Dr. Sushma Garg, Member.

                   Dr. Barhm Parkash Yadav, Member

                  

Present:        Shri Vansh Malhotra, Advocate for the DH/Complainant.        

                   Shri Viren Sibal, Advocate, for the JDs/OPs.       

 

                   Today the case is fixed for making compliance of order under execution, by the JDs/OPs.

                    Shri Viren Sibal, Advocate, on behalf of the  JDs/OPs, by making a separate statement, has stated that today, he has handed over a Cheque bearing No. 301497 dated 09.04.2024 amounting to Rs. 10,01,446/- drawn at IDBI Bank, in favour of DH/Complainant, as full and final payment, to the Ld. Counsel for the DH/Complainant.  The Ld. Counsel has further stated that he has received the original Apartment buyer’s agreement from Ld. Counsel for the DH/Complainant, today.

                   On the other hand, Shri Vansh Malhotra, Advocate on behalf of the DH/Complainant, by making a separate statement, has stated that he has received a Cheque bearing No. 301497 dated 09.04.2024 amounting to Rs. 10,01,446/- drawn at IDBI Bank, in favour of DH/Complainant, as full and final payment, from the Ld. Counsel for JDs/OPs, in compliance of order under execution, and that now, nothing remains due against the JDs/OPs; hence, he withdraws the present execution application, being fully satisfied, seeking liberty to get the present execution application restored at its original number, in case, the aforesaid cheque is dishonoured by the bank. The Ld. Counsel has further stated that he has handed over the original Apartment buyer’s agreement to the Ld. Counsel for the JDs/OPs, today.

                    The copy of the said cheque is retained on record against acknowledgement.     

                   Heard. In view of the statements made by Shri Viren Sibal, Advocate, for the JDs/OPs as well as Shri Vansh Malhotra, Advocate for the DH/Complainant, the execution application is hereby ordered to be dismissed as withdrawn, being fully satisfied. However, it is made clear that the DH/Complainant shall be at liberty to get the present execution application restored at its original number, in case, the cheque in question is dishonoured by the bank concerned.

                   A copy of this order be sent to the parties, free of costs and file be consigned to record room after due compliance.

Dt.              (Dr. Barhm Parkash Yadav)       (Dr.Sushma Garg)                      (Satpal)

04.04.2024         Member                                Member                        President