NCDRC

NCDRC

AE/29/2021

SUMIT SRIVASTAVA & ANR. - Complainant(s)

Versus

M/S. SUPERTECH LIMITED & ANR. - Opp.Party(s)

IN PERSON

26 Mar 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL EXECUTION NO. 29 OF 2021
 
(Against the Order dated 12/03/2021 in Complaint No. 81/2020 of the State Commission Delhi)
1. SUMIT SRIVASTAVA & ANR.
...........Appellant(s)
Versus 
1. M/S. SUPERTECH LIMITED & ANR.
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Appellant :
Mr. Sumit Srivastava, in person
For the Respondent :

Dated : 26 Mar 2021
ORDER

          This appeal is filed against the order dated 12.03.2021 in the execution application of the appellant.

          The appellant had filed a complaint and order was passed in his favour and the respondents were directed to give physical possession of the subject property and also execute the conveyance deed along with compensation within a specific period.  The respondents had failed to comply  the order within the specific period.  The appellant filed execution application wherein the State Commission has given time till 30.06.2021 to hand over the possession of the flat along with OC and conveyance deed failing which the State Commission states, will take stringent action against the respondents.  These directions are impugned by the decree holder on the ground that executing court did not have the jurisdiction to enlarge the time of compliance and that no affidavit of Directors or Managing Directors have been taken. It is also contended that he is aware that the construction is not complete and it would take about two years for completion of the construction and the respondents would not be able to hand over the possession within the time given by the State Commission vide impugned order.

          I have given thoughtful consideration to the arguments of the appellant who has argued his case on his own.  I found no illegality or infirmity in the impugned order.  No law prohibits the executing court to grant more time for compliance of the decree.  The State Commission has acted correctly by first giving an opportunity to the JDs to comply with the decree and proposed more stringent action thereafter.  The present appeal has no merit and the same is dismissed.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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