DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TEHSIL COMPLEX,
M A N S A.
EA No.48 of 2014
Instituted on : 01.12.2014
Decided on : 20.02.2015
Smt.Sudarshan Gupta W/o Sh.Yashpal Garg, Resident of Ward No.17,
Darjiyan Wali Gali, Mansa.
..... Complainant/DH.
VERSUS
1. Executive Officer, Nagar Council, Mansa.
2. Sh.Karnail Singh, S.O., Nagar Council, Mansa.
..... Opposite Parties/JDs.
Executive Application under Section 25 & 27 of
the Consumer Protection Act, 1986
.........
Present:-
For the complainant/DH :Sh.Sunil Kumar Bansal, Advocate.
For the OPs/JDs : Sh.A.P.S.Sidhu, Advocate.
Quorum:-
Sh.Surinder Mohan, President.
Smt.Neena Rani Gupta, Member.
ORDER:-
Surinder Mohan, President
Earlier Smt.Sudarshan Gupta had filed Consumer Complaint
No.95 of 15.4.10 which was accepted by the then President vide order dated
2.8.10 and some directions were issued and compensation was awarded to
complainant. OPs/JDs filed appeal before the Hon'ble State Commission
which was dismissed on 29.11.12. Thereafter complainant/DH filed
Execution Application No.4 on 5.3.13 which was disposed of on 1.4.13 by
the Forum. Complainant/DH was not satisfied with the said order and filed
Revision Petition No.33 of 2013 before the Hon'ble State Commission
which was dismissed as withdrawn on 7.8.13. Thereafter the present
execution application was filed.
2. During the pendency of this execution application, learned
counsel for DH suffered a statement on 23.1.15 that “he has delivered two
copies of site plan, one Photostat copy of sale deed, a copy of jamabandi
and paid requisite fee of Rs.1,633/-. Rest of the documents were to be
submitted on 27.1.15.” Sh.Parlad, Junior Engineer of Nagar Council, Mansa
on behalf of EO, Nagar Council, Mansa also suffered a statement that “JD
has received the said documents from the counsel for DH. JD also received
requisite fee from DH vide receipt dated 23.1.15. The site plan will be
sanctioned to DH after receiving the rest of the documents within a period
of 7 days from the date of submission of documents.”
3. On 23.1.15, this Forum had ordered the DH to supply rest of the
documents directly to JDs. On 30.1.15, learned counsel for DH informed
that documents have been supplied to JDs. On 19.2.15, learned counsel for
DH suffered a statement that “complainant had received the approved site
plan from Nagar Council, Mansa on 5.2.15.”
4. In this manner, the order passed by this Forum on 2.8.10 stand
fully complied. Even compensation and costs awarded by the District
Forum as well as by the Hon'ble State Commission have already been paid
to complainant/DH.
5. Learned counsel for DH has demanded compensation for noncompliance
of the order within time granted by the Forum. The perusal of
file shows that DH was to supply the required documents and only then
compliance was to be made by OPs/JDs. The complainant/DH has supplied
some of the documents to OPs/JDs on 23.1.15 and in this manner OPs/JDs
have already complied with the order. No law has been cited that
complainant/DH is entitled to any more compensation in execution
proceedings.
6. Therefore, the execution application stands fully satisfied. File
be consigned to record. Copy of the order be communicated to the parties
under rules.
Announced:
20.02.2015
Neena Rani Gupta, Surinder Mohan,
Member. Pre sident.
*neera*