Haryana

Ambala

MA/130/06/2012

ADARSH KUMAR - Complainant(s)

Versus

M/S SURBHI FOREST INDIA LTD. - Opp.Party(s)

Sandeep Sharma

08 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Execution no.       :  130 of 12

                                                          Date of Institution         :  09.02.2012

                                                          Date of decision   :  08.11.2016

                                                                                                                                                        …….Decree Holder  

Adarsh Kumar Garg C/o Ved Parkash Adarsh Kumar, new Anaj Mandi, Ambala city R/o H.NO. 903, Urban Estate, Sector-07, Ambala City.          

 

 ….…. Judgment Debtor

1.       M/s Surbhi Forest India Ltd. through Chairman-Cum-Md (Regd.) H.No. 83,     N.A.C. Manimajra, Chandigarh (UT) present located at 290, Industrial Area,      Panchkula.

2.       Branch Manger, Staff Road, near Arya College, Sunveer Hotel, Ambala   Cantt.

3.       Amandeep Singh S/o Sh. Bakshish Singh, R/o Village Dhulkot, Tehsil and        Distt. Ambala.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:       Sh. Sandeep Sharma, counsel for the decree holder.

ORDER:

 

                   The complainant Adharsh Kumar Garg has filed a complaint under Section 12 of the Consumer Protection Act in this Forum and same was allowed by this Forum v.o.d. 26.08.1999 and in the said order, Ops were directed to pay the following amount i.e.

1.                To pay the complainant amount of Rs. 50,000/- with interest at the                        rate of Rs. 12% per annum w.e.f. 27.10.1998.
2.               To pay the complainant a sum of Rs. 13,320/- with interest at the rate                    of Rs. 12,320/- with interest @ 12% per annum w.e.f. 18.12.1998 till                          its payment.
3.               To pay Rs. 500/- by way of costs of proceedings.

                   After passing the order, the complainant filed an execution for implementation of the order and property of the JD were attached in the execution and property of the J.D. has been sold by the concerned authority in the auction i.e. Tehsildar, Ambala on 25.10.2014 and applicant namely Amandeep Singh had purchased the property in the auction being a highest bidder and he deposited the auction amount of Rs. 3,00,400/- vide challan dated 05.03.2014 and the complainant has withdraw the amount Rs. 10,4711 as decreetal amount from the Treasury Office and rest of the amount is pending in the treasury Office. Subsequently, auction proceedings were set aside by this Forum the property which was sold by the Tehsildar, Ambala on 12.07.2007 and auction purchaser has filed the appeal in the Hon’ble State Commission, Haryana against above said order and same was dismissed on 23.08.2007 in appeal no. A/07/2120 further he filed the revision petition before the Hon’ble National Commission and same was dismissed as withdrawn by the Amandeep Singh v.o.d. 07.12.2011. In this way, Amandeep entitled the amount Rs. 1,95689/- which is  deposited by him in lying in the treasury office as per the verification report of Treasury Office, Ambala dated 19.07.2012 and he made the report that amount Rs. 1, 95689/-  which is pending the lapse condition. From the perusal of record it is clear that complainant has withdraw the decreetal amount Rs. 10,4711/- out of the sale price of the land in satisfaction of the order dated 26.08.1999 as well as  execution petition was consigned to the record room v.o.d. 25.03.2004. The Treasury Officer was directed to issue the voucher in favour of the decree holder amounting to Rs. 1,04711/-.

2.                In view of the above said discussion, it is clear that decree holder has withdrawn the decreetal amount from the treasury and execution was consigned after being fully satisfied. Hence, the auction purchaser Amandeep Singh is entitled the amount Rs. 1,95689/-. The Treasury Officer is directed to pay the above said amount to the Amandeep Singh S/o Sh. Bakshish Singh, Village Dhulkot, Tehsil and District. Ambala after completing the formalities. It is made clear if amount is lying in a lapse condition and same may be revived. Miscellaneous, application 130 dated 12.09.2006/09.02.2012 is disposed off accordingly. Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 08.11.2016                                              Sd/-

                                                                                 (D.N. ARORA)

                                                                                       President

 

               Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member