Punjab

StateCommission

EA/188/2017

Lt. Col. Rajinder Singh - Complainant(s)

Versus

M/s Premium Acres Infratech Pvt. Ltd. - Opp.Party(s)

04 Jan 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

 

(Exercising the powers of Judicial Magistrate 1^st Class conferred under Section 27(2) of the Consumer Protection Act, 1986 now Section 72 (2) of the Consumer Protection Act, 2019).

 

Execution Application No.188 of 2017

In

Consumer Complaint No.182 of 2015

                                     

Date of institution: 20.11.2017

Date of Decision  : 04.01.2023

 

1.      Lt. Col. Rajendra Singh S/o Dariya Singh, resident of Defence Institute of Quality Assurance (DIQA), 1^st Main Benson Town, S.K. Garden, Bangalore-560-046.

2.      Major Joginder Singh S/o Sh. Dariya Singh

3.      Mr. Surinder Singh S/o Sh. Dariya Singh, both at present are residents of H.No.1502, Sector-14, Hisar.

                                                       ....Decree Holders

                                           Versus

1.      M/s Premium Acres Infratech Pvt. Ltd., Villa No.154, TDI City, Premium Acre Court, Sector 110-111, SAS Nagar, Mohali, represented by its Manager Sh. Ranjit Singh.

2.      M/s Premium Acres Infratech Pvt. Ltd., Villa No.154, TDI City, Premium Acre Court, Sector 110-111, SAS Nagar, Mohali, represented by its Director.

                                                                           ……Judgment Debtors

 

Execution Application under Section 27 of the Consumer Protection Act, 1986.

Quorum:- 

 

          Mrs. Kiran Sibal, Presiding Member

 

Present:-

 

          For the DHs           :         Sh. S.L. Barwala, Advocate

          For the JDs           :         Sh. Parminder Singh, Advocate

 

KIRAN SIBAL, PRESIDING MEMBER:

Learned counsel for the DHs, has made a statement recorded separately that he received a sum of Rs.18,97,940/- by way of cheque No.359209 dated 04.01.2023 today in the Court towards the full and final payment from the JDs and withdraws the present Execution Application being fully satisfied, subject to clearance of the cheque and also sought liberty to revive the execution application in case of non-encashment of the cheque and prayed for imposing of penalty in case the cheque is dishonored.

          In view of the statement of learned counsel for Decree Holder, the present execution application is dismissed as withdrawn, being fully satisfied, however subject to clearance of the cheque. The DHs are at liberty to revive the present execution in case the above cheque is not encashed, JDs will be liable to pay the said amount alongwith penalty of Rs.2000/- to the Decree Holders.  

 

                           (KIRAN SIBAL)

                                                                      PRESIDING MEMBER     

January 4^th, 2023.                                                 

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