Delhi

New Delhi

EA/3/2017

Monorama Devi Aggarwal - Complainant(s)

Versus

M/s TDI Infrastructure Ltd - Opp.Party(s)

13 Feb 2018

ORDER

 

                                           CONSUMER DISPUTES REDRESSAL FORUM-VI

                                             (DISTT. NEW DELHI),

                                          ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                               NEW DELHI-110001

 

 

Execution No. 03/17                                                      Dated:

In the matter of:

1. MANORAMA DEVI AGGAWAL
2. K.P.AGGARWAL

Both resident ofFlat No. 234

III – A Rachana Vaishali

Ghaziabad, U.P.…… Complainant / Decree Holder

 

Versus

1. M/s TDI Infrastructure Ltd.

9, Kasturba Gandhi Marg,

New Delhi-110001

2. Taneja and CO. Pvt. Ltd

• 108, Mansarovar Garden ,       

New Delhi-110015                          …. Opposite party/ Judgement Debtor

 

 

PRESIDENT : ARUN KUMAR ARYA

ORDER

Complainant/ Decree Holder moved an application u/s 25 & 27 of CP Act praying the following relief:-

1. The JD may be compelled to comply with the order of this Forum ( As modified by Hon’ble State Commission u/s 25 of CP Act.
2. The  concerned officer/director of the JD company may be summon before the Hon’ble Forum and be awarded  necessary punishment in accordance with u/s 27 of CP Act.
3. Any other or further order as this Hon’ble Forum deem fit and proper in the facts and circumstances of the case may be passed.

On notice JD appeared and comply the order by paying a sum of Rs. 17,84,640/-  by way of four cheques for a sum of Rs. 04,46,160/- each. During the pendency of Execution petition the AR for DH has raised the objection that as per the order of this Hon’ble Forum dated 30/08/2013 the interest should be calculated on the amount refunded from 2006 and not from the year 2010 as the date of asking of refund allegedly is 16/12/2006, he has placed on record the copy of letter dated 16/12/2006 in support of his contention.

JD has filed the reply to the objection raised by AR for the DH in which he states that the written request for the refund of amount paid with interest to the JD was made on 19/07/2010. The objections raised by the JD regarding the actual date of seeking refund in its reply clearly mentions that the complainant/ DH requested for refund on 19/07/2010, and the same was categorically mentioned in the complaint case no.1303/10. A glance over the complaint makes it clear that the complainant in para 2.16 has mentioned as under ;

“ That on dated 19/07/2010 complainant send written request for the refund of the amount paid with interest to the OP as  OP fails to fulfill the commitments made during the booking of the said flats, but again no response were made from the OP”.

The arguments of the DH that initially he made the request for refund in the year 2006 does not hold good in the premise of facts that the DH/Complainant thereafter made further payments. The request dt. 20.12.2006 lacks any consequence after the subsequent payment made by her the demand of interest therefore w.e.f.16/12/2006 for compliance of the order of this Forum dated 30/08/2013 and the order dated 20/07/2016 in F.A. no. 1023/13 passed by the Hon’ble State Commission is devoid of merits and is therefore declined.

 

The JD has already made the payment of Rs.17,84,640/- as already noted above, therefore the Execution petition with demand of interest for the period preceding 19/07/2010 is declined and disposed off in above terms.

 

In view of the above the present execution petition stands satisfied. File be consigned to Record Room.

Copy of the order be send to the parties free of cost. 

Announced in open Forum on  13.02.2018

The orders be uploaded on www.confonet.nic.in.

 

 

            (ARUN KUMAR ARYA)

                     PRESIDENT

 

         (NIPUR CHANDNA)                                                                                     (H M VYAS)

                          MEMBER                                                                                       MEMBER