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

Criminal Complaint No. 137  OF  2013

in CC/540/2011

BEFORE:

          RATTAN SINGH THAKUR, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

None for Complainant.

Sh.Manjinder Kumar, Vice Counsel for Sh.Munish Gupta, Counsel for Accused.

Dated : 21^st August 2019

ORDER

1.        Heard. Record perused. A cursory glance of the record shows, on 28.10.2013, complainant/petitioner Varinder Kaushal moved an application under Section 27 of the Consumer Protection Act, 1986, as accused has failed to comply with the order dated 04.01.2012 passed by this Forum. Perusal of the record shows that thereafter show cause notice was issued to the accused to explain under what circumstances he failed to comply with the order and why he not be punished for offence under Section 27 of the Act ibid. Perusal of the record further shows, thereafter on various dates, certain amount in compliance with the order of this Forum was paid to the complainant.

2.        Thereafter, vide order dated 28.03.2017 passed by this Forum on calculation submitted, it was held by this Forum that excess amount over & above the liability which was due under the order, a sum of Rs.3,15,348/- was paid to the complainant in excess. As such, this Forum issued a notice to the complainant to deposit the amount of Rs.3,15,348/- with this Forum for the disbursement to the accused. Against this order, the complainant Varinder Kaushal had preferred Appeal No.29 of 2018 before the Hon’ble State Commission, U.T. Chandigarh. The said appeal decided by Hon’ble State Commission on 12.07.2019 and it was dismissed for non prosecution. The relevant portion of the order of the Hon’ble State Commission is reproduced below:-

     “On 06.03.2018, notice was issued to the respondent,      subject to depositing  an amount of Rs.3,15,348/- in    this Commission by the applicant/appellant. That    amount was deposited, which is so reflected in order dated 11.04.2018.

          As per office note also, the aforesaid amount   is available and is invested in fixed deposit receipt.

          It is stated by Counsel for the respondent that      CP/137/2013 is pending for consideration before      District Forum-I, UT, Chandigarh and is now fixed   for 16.08.2019. The respondent i.e. M/s Omaxe    Limited is free to move an application before the    said Forum and on order being passed, Secretary of   this Commission will disburse the amount whatever    may be ordered by the Forum concerned.

          With abovesaid observation, this appeal stands dismissed for non-prosecution.

          Certified copies of this order be sent to the   parties, free of charge.”  

3.        Per direction of the Hon’ble State Commission, U.T. Chandigarh, this amount which has already been deposited with the State Commission is to be refunded to the accused on application being moved. The Hon’ble State Commission, U.T. Chandigarh, has delegated the powers to this Forum to refund the amount deposited. The accused or his counsel has not moved application to get this amount refunded despite direction. In so far as this criminal complaint/execution is concerned, order of this Forum already stood complied with in totality rather over complied with. Hence, this criminal complaint/execution is dismissed as order stood complied with and accused stood acquitted of the charge. The accused person, if so desires, is always at liberty to apply for refund by moving separate application.

4.        Certified copies of this order be sent to the parties free of cost. The file be consigned.