District Consumer Disputes Redressal Forum-I, U.T., Chandigarh

MA/53/2019

BEFORE:

            RATTAN SINGH THAKUR        PRESIDENT

            SURJEET KAUR                   MEMBER

            SURESH KUMAR SARDANA      MEMBER

Argued by :

Sh. Munish Gupta, Counsel for applicant/accused.

Sh. Parveen Kumar Garg, Counsel for complainant

Dated : 3^rd January, 2020

ORDER

1.         From the record it appears M/s Omaxe Ltd. has filed the present application with the prayer for release of Rs.3,15,348/- overpaid to the non-applicant/complainant, Sh. Varinder Kaushal.
2.         Notice of the application was issued to the complainant who has filed written objections alongwith annexures.
3.         Heard.  Per record annexed with the application i.e. copy of order dated 21.8.2019 passed in Criminal Complaint No.137 of 2013 in CC No.540 of 2011, this Forum had observed the amount of Rs.3,15,348/- already deposited with the Hon’ble State Commission, Chandigarh is to be refunded to the accused i.e. M/s Omaxe Ltd. In compliance with this order, the present application for refund is moved.
4.         Perusal of the order dated 28.3.2017 passed by this Forum in Execution Application No.CP/137/2013 in complaint case No.540 of 2011 shows it was held, Rs.3,15,348/- is to be refunded to M/s Omaxe Ltd.
5.         A glance of the record further shows, per order dated 11.4.2018 passed in appeal bearing No.FA/29/2018, the amount of Rs.3,15,348/- stands deposited with the Hon’ble Commission.  Further, from the reading of order dated 12.7.2019 passed in FA/29/2018 it appears, the order of this Forum, which held Sh. Varinder Kaushal to pay Rs.3,15,348/-, was challenged by him in appeal and his appeal was dismissed for non prosecution and the Hon’ble State Commission held M/s Omaxe Ltd. is free to move an application before this Forum and on order being passed the Secretary of the State Commission will disburse the amount whatever may be the order of this Forum.
6.         Now objection is raised the amount was wrongly calculated.  Detailed objections have been filed by referring to various precedents of the Courts. However, these objections are not entertainable as against the order of refund, the complainant, Sh. Varinder Kaushal had preferred appeal an before the Hon’ble State Commission, which was dismissed for non prosecution and order of this Forum had become final and conclusive and we have no power to review our own order.  Therefore, in these circumstances, let the amount of Rs.3,15,348/- deposited by the complainant, Sh. Vaainder Kaushal with the Hon’ble State Commission, be refunded to M/s Omaxe Ltd. as per proper procedure and identification.  The Secretary of the Hon’ble State Commission is directed to do the needful.  The application is accordingly allowed. 
7.         The certified copies of this order be sent to the parties free of charge.  A copy of this order be also sent to the Secretary, Hon’ble State Commission, UT, Chandigarh for immediate compliance. File after completion be consigned to R.R.

Sd/

Sd/-

Sd/-

03/01/2020

[Suresh Kumar Sardana]

[Sujeet Kaur]

[Rattan Singh Thakur]

Member

Member

President